Release Date: September 15, 2024
Effective Date : September 15, 2024
This Yooo User Service Agreement (the “Agreement”) applies to the online social networking products and/or services provided by HAPPY CAT GAMING Co., Ltd. (registered address: FLAT/RM 1110 11/F RISE COMM BLDG 5 GRANVILLE CIRCUIT Kowloon, hereinafter referred to as “We”, “Us” or “Yooo”) to users (hereinafter referred to as “You” or “User(s)”), such as the official website at https://www.yooo.ai (hereinafter referred to as “Official Website”), the Yooo App, as well as the relevant products and/or services provided by us for you from time to time (hereinafter collectively referred to as “Yooo Products and/or Services”). For definitions, please refer to Section 17 Definition of Key Words for details.
This Agreement applies to all Yooo Products and/or Services unless specifically specified otherwise. This Agreement contains the terms and conditions governing your use of the Yooo Products and/or Services, and therefore you shall read the terms of this Agreement carefully before using any of the Yooo Products and/or Services.
Please note that we only provide Yooo Products and/or Services to those who are at or above the age of majority (please see Section 17 Definition of Key Words for details). You are not allowed to register an account with us if you are a minor as defined in Section 17 Definition of Key Words of this Agreement.
This Agreement consists of two parts: (I) the General Terms; and (II) the Special Terms which are set forth in the Jurisdiction Schedule. Please note that the Special Terms, forming part of the Agreement, contain terms and conditions which are specific to the relevant jurisdictions in which Yooo Products and/or Services are being made available. For the avoidance of doubt, the application of the clauses stated in the Jurisdiction Schedule shall apply specifically only to the Users who are using Yooo Products and/or Services in the relevant jurisdictions. If there is any inconsistency between the General Terms and the Special Terms, the Special Terms shall prevail to the extent necessary to resolve such inconsistency.
Since there are a great variety of Yooo Products and/or Services, We may provide and update specific rules for certain Yooo Products and/or Services from time to time (hereinafter referred to as "Specific Rules"). Specific Rules may include but are not limited to operating instructions, rules and procedures. Specific Rules are integral parts of this Agreement and have the same effect as this Agreement. To the extent that there is any inconsistency between the Specific Rules and this Agreement, the Specific Rules shall prevail only with respect to such inconsistency.
By completing the registration process, accessing or using the Yooo Products and/or Services, you confirm that you have read and agreed to this Agreement and/or the Specific Rules. If you do not accept this Agreement and/or the Specific Rules, you shall not use the Yooo Products and/or Services.
We will notify you before making any substantial amendment or modification to this Agreement and/or Specific Rules which may be given by means of, including but not limited to, posting in Yooo App, or electronic or conventional mail, or any other means by which you could reasonably obtain notice thereof. The effective date of the updated version will be specified in the notification. You can also always refer to the “Effective Date” at the top of this Agreement to learn the most current version of this Agreement. We encourage you to check the current version of this Agreement regularly. Your continued use of Yooo Products and/or Services after the issuance of such notice shall be deemed to constitute your acceptance of this Agreement and/or Specific Rules with such amendment and/or modifications. If you do not agree to the updated agreements and/or rules, you shall cease using Yooo Products and/or Services. If you stop using Yooo Products and/or Services yet still have relevant outstanding matters, please contact us in the manner as described in Section 14 hereof.
If you have any questions or comments regarding this Agreement, please contact us through the contact information described in Section 14.
1.Description of Services
2.Rules for Account
3.Code of
Conduct for Users
4.Payment and Price Policy
5.Points, Level
and Virtual Property
6.Yooo VIP Service
7.Advertising
8.Intellectual
Property
9.Protection of Users’ Personal Information
10.Minor
Protection
11.Change and Termination of this Agreement
12.Disclaimer
13.Notices
14.Contact
Information
15.Dispute Resolution
16.Miscellaneous
17.Definition of Key Words
1.1.This Agreement applies to Yooo Products and/or Services including: (1) the Official Website at https://www.yooo.ai; (2) the Yooo app; (3) products and/or services provided via the Official Website and/or the Yooo App; (4) other relevant products and/or services we provide to you occasionally. 1.2 The basic functions of Yooo Products and/or Services include text chatting, voice chatting, User random matching and other functions that we may add from time to time. Yooo Products and/or Services also have extended functions, such as Yooo Cam, Yooo tests, etc. 1.3 You understand and agree that, to use the Yooo Products and/or Services, you may need to enable network access permission for Yooo Products and/or Services on your device, and you shall bear all the cost and expenses incurred by the network access (including all uplink and downlink communication and traffic charges incurred). 1.4 The Official Website of Yooo and channels and methods with our authorization are the only legitimate channels to download, install, startup, browse, register, login and use Yooo App. We do not recognize the validity of any products and/or services that have been obtained through any other unauthorized channels or methods, nor do we recognize the validity of any products and/or services that infringe or counterfeit Yooo Products and/or Services. We have the right to refuse to provide services to Users who have downloaded Yooo App from unauthorized channels. All risks and liabilities arising from using such products and/or services shall be assumed by the Users. If you are unable to determine whether a particular channel is an authorized channel, or whether a particular product and/or service is Yooo Product and/or Service, you may contact Us through the contact information described in Section 14 for inquiry. 1.5 We may have different versions of Yooo App for different terminal devices. You shall download and install the version that matches your terminal devices, otherwise, you may not be able to enjoy all the services provided by us. You shall not install Yooo App on any terminal devices which have not been expressly authorized by Yooo. Otherwise, you shall be responsible for all the losses, liabilities and legal consequences arising from the use of inappropriate and/or unauthorized devices, and we shall bear no responsibility. 1.6 You shall use Yooo Products and/or Services in a legitimate manner. You shall not use Yooo Products and/or Services in illegal ways or for illegal purposes, such as malicious cracking, otherwise, you shall be responsible for all the damages, liabilities and legal consequences arising therefrom, and we will have the right to hold you liable in accordance with applicable laws and regulations. 1.7 In order to improve product functions, enhance user experience, and guarantee product and/or service security, we may update Yooo Products and/or Services on a regular or irregular basis. Such updates may be provided in the form of software replacement, modification, function enhancement, version upgrade, etc. In order not to affect the normal use of the Yooo Products and/or Services, you shall update Yooo App to the latest version. 1.8 You understand and agree that we have the right to change this Agreement due to changes of applicable laws, regulations or policies, changes of Yooo Products and/or Services, changes of the environment in which this Agreement is drafted and performed, or other circumstances under which we consider a change to this Agreement is necessary. Changes of the Agreement include but are not limited to modifications, replacements or upgrades. We will, as we deem fit in our sole discretion, give notice to you about the change of this Agreement. The notice may be given by means of, including but not limited to, posting in Yooo App, electronic or conventional mail pop-ups, Yooo messages, or any other means by which you could reasonably obtain notice. If you continue using Yooo Products and/or Services after we notify you of the changes of this Agreement, you shall be deemed to have agreed to be bound by the modified Agreement. If you do not agree to the modified Agreement, you shall cease using Yooo Products and/or Services. 1.9 You may access and use services provided by third- party service providers while you use the Yooo Products and/or Services (such as third-party payment instruments and third-party SDKs, etc.). You understand and agree that such third party services are provided by the relevant third party service provides and not us. To the fullest extent allowed by applicable laws and regulations, we will not bear the responsibility for any liabilities arising therefrom. You may be subject to agreements of third- party service providers (for example, you may need to enter into a separate agreement with a third-party payment tool, etc.). Please be reminded that you shall carefully read and fully understand the user service agreement, privacy policy and other agreements made by the third-party providers before using any of their services or products.
2.1.1 You understand and agree that you need to register a Yooo account to use Yooo Products and/or Services. You can register a Yooo account only if you have reached or exceeded the age of majority. Your Yooo account is the credential for you to use the Yooo Products and/or Services as a registered User.2.1.2 You understand and agree that after you successfully download Yooo App through our official or other authorized channels, you may use a legitimate cellphone number as your account name and set a password for registration. You may log in and use Yooo Products and/or Services by SMS verification code or with your account password. You may also register a Yooo account with your email address.2.1.3 You understand and agree that we do not guarantee the legitimacy or availability of any Yooo account obtained through unauthorized channels or methods (including but not limited to purchasing, leasing, borrowing, sharing, maliciously exploiting or destroying Yooo registration system, etc.). We also have the right to suspend or terminate such accounts at our discretion. You shall be fully responsible for any and all losses or damages caused by any access to, use, deletion, cancellation, reset and suspension of your account if it was obtained through unauthorized channels.
2.2.1 The authenticity, completeness and accuracy of your account information are crucial for us to provide customized and high-quality services for you. You should timely update your account information in case of any changes. You shall not register any Yooo account by using false information, impersonating someone else, or using someone else’s personal information such as cellphone number. Otherwise, we have the right to refuse to provide any and all Yooo Products and/or Services to you, and/or to take certain actions against your account, including but not limited to restricting or prohibiting the use of any or all functions of your account, suspending or terminating your account, or deleting the false information or information of others if any in accordance with this Agreement.2.2.2 You understand and agree that one cellphone number can only be used to register one Yooo account.2.2.3 You understand and agree that the information submitted or created by you during your registration and/or when you create your personal profile, such as the nickname, head portrait, background picture uploaded at your personal homepage, shall not contain any content that violates laws and regulations, social customs, the Yooo Community Guidelines, this Agreement or infringes upon the rights and interests of us or others. We have the right to review the legality of the account and personal profile information submitted by you. If any information submitted by you is illegal or non-compliant with this Agreement, we have the right to take actions such as refusing your registration, giving you a warning, requesting for correction within a time limit, and suspending or terminating your Yooo account in accordance with this Agreement.2.2.4 You understand and agree that you shall not maliciously register Yooo account by any means (including but not limited to maliciously register with an invalid cellphone number or a cellphone number of others, etc.) or use Yooo account for illegal activities, disrupting, harassing, deceiving other users or other acts in violation of applicable laws and regulations and this Agreement. Otherwise, we have the right to take actions such as giving you a warning, requesting for correction with a time limit, and suspending or terminating your Yooo account in accordance with this Agreement. We reserve the right to use technological measures (including collecting information from your device) to identify and avoid malicious registration subject to our Privacy Policy. We also have the right to report illegal activities to law enforcement authorities when we find any illegal acts conducted under your Yooo account at our own discretion.2.2.5 We grant you a worldwide, non-sublicensable, non- assignable and non-exclusive right (license) to use the Yooo Products and/or Services. You understand and agree that you only have the right to use your Yooo account. You shall take responsibility for all your activities regarding the use of any Yooo account. You shall keep your Yooo account and password secure and confidential, and shall not give, transfer, lend, lease, sell, share or use your account with others, or engage in any transaction with regard to your account. Otherwise, we have the right to take actions such as giving a warning, requesting for correction within a time limit, and suspending or terminating your Yooo account.2.2.6 You shall maintain your Yooo account properly and use the account information such as the cellphone number you used for registration (hereinafter referred to as "Account Number") and the password to the account correctly and safely. You shall take responsibility for all activities that occurred under your account, regardless of whether such activities are conducted by you or by a third party. You shall be solely responsible for all losses and consequences to your account caused by your lack of confidentiality measures or your other activities, no matter whether you are in an inadvertent or deliberate manner.2.2.7 If you find that your account is being used by any third party, or is being illegally used or used in an unusual status, or there is any problem with your account, you shall notify us in a timely manner with the contact information in Section 14, and provide your identity information and relevant documents, relevant facts and your request, etc. We will take appropriate measures upon receipt of your request and verification of your identity. If the information you provide is false, incomplete or insufficient for us to verify your identity or understand your requests, we may not be able to take any actions in time. Meanwhile, you understand that we need a reasonable period of time to respond and take measures.2.2.8 If you violate the aforementioned obligations, all responsibilities, losses and damage arising therefrom shall be borne by you. We shall not be liable for any losses not directly caused by us.
In order to ensure the security of your account, we may verify your account on a regular or irregular basis in different manners, including but not limited to requiring verification code, SMS verification, etc. If you fail to complete or refuse the verification, it will be assumed that your account is abnormal or has been stolen, and we may cease providing Yooo Services and/or Products to you, suspend or terminate your account, or take further security measures. If you believe that your account is normal, please timely contact us in such a manner as described in Section 14 hereof. When you contact us, you should provide us with your true and valid identity documents to
2.4.1 You have the right to cancel your Yooo account through "Settings"-"Delete Account" or contacting us to delete your account with the contact information described in Section 14 (except as otherwise provided by laws and regulations or as otherwise agreed in this Agreement). We will delete your account upon verification of your identity and receipt of your request. Please note that deletion of an account is irreversible once you initiate to delete your account, and then:(1) You will not be able to log in and use the deleted Yooo account and corresponding Yooo Products and/or Services provided by us;(2) You are deemed to have voluntarily waived your existing rights and interests in the account, including but not limited to your remaining YO Coins (please see Section 17 Definition of Key Words for details), item cards, presents and decorations and other virtual properties in your account. Please take careful consideration and proceed with caution for account deletion. You are highly recommended to back up all information and data relating to the account before deleting the account.2.4.2 If you decide to cancel your Yooo account after careful consideration, your Yooo account shall meet all the following conditions before cancellation:(1) The Yooo account is registered and used by you.(2) The Yooo account is under normal use, and not associated with any unsettled disputes (for example, you’ve made a complaint of others, or you’ve received a complaint from others) when you submit your deletion request.(3) There is no outstanding charge or issue with your Yooo account;2.4.3 If your Yooo account is associated with any disputes, including but not limited to complaint, report, litigation, arbitration, investigation by any government agencies or authorities, etc. after you submit the deletion request, we have the right to suspend or terminate the deletion process without your prior consent.2.4.4 Please note that your deletion of the Yooo account shall not release you from any liability arising out of or in connection with your use of the account prior to the deletion.
You may use Yooo Products and/or Services only to the extent expressly authorized by this Agreement and by us. During your use of Yooo Products and/or Services, you are entitled to:
3.1.1 consult us for Yooo Products and/or Services and obtain our reasonable technical supports for Yooo Products and/or Services, provided that such consultation or technical support shall not exceed what we can reasonably provide. 3.1.2 provide us with comments and suggestions related to Yooo Products and/or Services at any time during the course of your use, so as to help us provide better services to you. If you have any questions, you may contact us as described in Section 14 hereof. 3.1.3 upload pictures, texts, audio and video that you have the copyright of or are licensed to you (including sub-licensed).
3.2.1 You understand and agree that you shall comply with the applicable laws and regulations in your use of any Yooo Products and/or Services. You hereby represent and warrant that Yooo will not be in breach of any applicable laws and regulations as a result of your registration, accessing and or using of your Yooo account and any Yooo Products and/or Services.3.2.2 You understand and agree to abide by the terms and conditions of this Agreement, and other terms and conditions published and/or updated by us from time to time.3.2.3 You understand and agree that you shall be solely responsible for any and all charges in relation to uplink and downlink communication and traffic network incurred from your use of Yooo Products and/or Services online, and that such charges will be collected directly by network operators. You may change your network usage information on the settings page on your device.3.2.4 You understand and agree that You shall not engage in any of the following activities when using Yooo Products and/or Services:(1) Upload, post, transmit or spread any content, including but not limited to, information, materials, text, photographs, graphics, information or other materials, that contains advertising and commercial information, endangers national security, divulges national secrets, subverts state power, undermines national unity, ethnic unity, national honor and interests, incites ethnic hatred or ethnic discrimination, propagates cults and superstitions, encourages obscenity, pornography, gambling, violence, murder and terror, or instigating crime, insults or slanders others, arouses fear or anxiety, discloses personal information in violation of applicable laws and regulations, infringes upon the lawful rights and interests of others, is false, fraudulent, harmful, coercive, encroaching on privacy of others, harassing, infringing, slandering, vulgar, obscene, grossly harmful, blasphemous, defamatory, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or is otherwise morally disturbing or unlawful in any manner, or is otherwise prohibited by applicable laws and regulations;(2) Cause harm to minors in any way;(3) Impersonate any person, or falsely state or mislead others to believe that you are related to or affiliated with any person or institution;(4) Upload pictures, e-mails or other content to our published e-mail address or otherwise transmit content with software viruses or other computer code, files, or programs that may interfere with, damage, or restrict the functionality of computer software, hardware, or communication device; transmit content that shall not be transferred (such an internal data, confidential data); transmit content that may infringe any others’ patents, trademark, copyright, business secret or other exclusive rights; transmit advertising, promotion materials and spam;(5) Track or otherwise harass others, e.g. illegally invading others’ networks, interfering with the normal functions of others’ networks, stealing network data and perform other acts that may endanger network security;(6) Provide others with programs and tools specifically used for network intrusion, interfering network functions or network security measures, stealing network data or conducting other activities that may endanger network security; provide technical support, advertising promotion, fund or other assistance to others who are known to have engaged in activities that may engage network security;(7) Interfere with or disrupt Yooo Products and/or Services or the servers and networks connected to Yooo Products and/or Services;(8) Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of Yooo Products and/or Services;(9) Create, transfer or spread any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.(10) Fabricate TCP/IP data packets or part of the data.(11) Breach the terms and conditions of this Agreement, or conduct activities unauthorized by this Agreement or by us.(12) Violate any applicable laws, regulations, rules, terms or other legally effective norms in an intentional or unintentional manner including but not limited to anti-spam, export control, privacy, data protection and anti- terrorism laws and regulations and laws requiring the consent of subjects for audio and video recordings.3.2.5 You understand and agree that in order to better protect the privacy and security of you and others, any content you upload, post or transmit to the Yooo Products and/or Services (especially your homepage which can be visible to others):(1) shall not contain cellphone numbers, suspected cellphone numbers, cellphone number watermarks, QR codes.(2) shall not contain ID photos or suspected ID photos.(3) shall not contain content that promotes illegal business models, for instance, content related to marketing, entrepreneurship or pyramid sale.(4) shall not contain unauthorized advertising information or logos.
3.3.We only authorize you to use Yooo Products and/or Services for non-commercial purposes. You must obtain our written authorization and permission in advance if you want to use any Yooo Products and/or Services for commercial purposes, including but not limited to selling, copying, distributing, pre-installing, bundling or using it for any commercial activities.
3.4.We reserve the right to examine or delegate a third party to examine the content that you upload to any Yooo Products and/or Services. In case that the content You upload are suspected to be illegal, infringing, or otherwise prohibited by laws and regulations, this Agreement and/or our Community Guidelines, we have the right to take actions such as rejecting the upload, blocking and deleting relevant content, rejecting the registration, suspending or terminating your account in accordance with this Agreement.
3.5 You understand and agree that if Yooo discovers, receives reports from others or otherwise reasonably believe that you have breached the Agreement, the Community Guidelines or violated any applicable laws and regulations, Yooo may in its sole and absolute discretion, delete and/or block any content you have made available on your account at any time, and take any further measures as it may see fit, including without limitation to its rights and remedies at law, suspending, or terminating your account,restricting,suspending or terminating your use of all or part of the Services in accordance with this Agreement. All adverse consequences arising from the above circumstances shall be borne by you. We shall not be responsible for any losses caused by your violation of laws and regulations or this Agreement. If any adverse consequences are caused by your activities, you shall be responsible for eliminating the impact and compensating us for all losses arising therefrom, including but not limited to the property damages, indemnity for defamation, attorneys’ fees, transportation fees and other reasonable fees we incurred from the protection of our rights. If we terminate your Yooo account due to your breach of this Agreement and/or any applicable laws and regulations, you will not be able to use the cellphone number associated with the terminated account to register a new account.
3.6 You understand and agree that we have the right to store content that you upload to any Yooo Products and/or Services subject to Yooo Privacy Policy. You understand and agree that we have the right to delete any content that you upload if such content exceed the reasonable retention period or violate applicable laws and regulations, unless otherwise required by the applicable laws and regulations. We shall not be held responsible if such deletion will have any impact on you. You are strongly recommended to back up your uploaded content in time if they are of high importance to you, so as to avoid any unnecessary losses.
4.1 You understand and agree that some Yooo Products and/or Services are subscribed services. To use such services, you may be charged certain fees. If you refuse to be charged, you will not be able to use such services.
4.2 You understand and agree that we have the right to set the fee rates of subscribed services according to the service type and subscription period of Yooo Products and/or Services and may change the rates from time to time at our sole discretion. International exchange rates, recharge channels and payment methods may also be taken into consideration when we set the fee rates. For details, please refer to the fee rates schedule which will be updated from time to time and published by us on the Yooo App.
4.3 You understand and agree that your payment for Yooo Products and/or Services may be made via third- party payment tools (Google Play, Apple Pay, etc., please refer to the actual display on the Yooo App). You understand that the use of third-party payment tools may cause commercial risks and economic losses and damages to you (including but not limited to transaction information input errors, illegal activities conducted by criminals using your account, bank card or other valuable cards, etc.). We shall not be responsible for any aforesaid risks and losses arising from your use of third-party payment tools. You are strongly recommended to carefully read the user service agreement, privacy policy and other legal documents relating to third-party payment tools before making any payment.
4.4 You understand and agree that, once you have made payment in accordance with the fee rates published by Yooo, the amount you have paid for subscribing to certain services is not refundable, nor can it be applied to subscription fees of other services. You are kindly reminded to carefully confirm your account number and relevant information before making any payment. We are not responsible for your losses in case you use incorrect account information, improper operation, or lack of understanding of the recharge or billing rules when making payment.
4.5 We will not be able to make refunds or compensation in any form to you if you voluntarily request for account deletion, unless otherwise required by applicable laws and regulations. You understand and agree that if you voluntarily request to delete your account, you are deemed to have automatically waived the subscribed services you’ve purchased, including but not limited to the remaining YO Coins, item cards, presents and decorations and other virtual properties in your account.
5.1 You understand and agree that we may provide virtual property services (YO Coins, etc.) to you, and we have the right to make relevant management rules of such services. For details, please see the relevant rules shown to you on the Yooo App.
5.2 You can purchase YO Coins, or obtain free YO Coins from us by completing tasks set up in our App. You may use YO Coins to acquire virtual items and participate in other activities provided by us.
5.3 You understand and agree that YO Coins can only be used to purchase value-added services on the Yooo App in accordance with this Agreement and other rules published on the Yooo App. You shall not trade YO Coins with any third party, or use it on any third-party platforms (Amazon, eBay, etc.) other than Yooo App. We shall not be liable for any losses or damages due to your violation of the aforementioned rules. If there is any reason for us to reasonably believe that your Yooo account or YO Coins usage is abnormal or constitutes a violation of the rules, we have the right to suspend your use of YO Coins service and take appropriate measures immediately in accordance with this Agreement.
5.4 You understand and agree that YO Coins can only be used in accordance with this Agreement and other rules published on the Yooo App. You shall not engage in trading, substitution, mortgage or other commercial activities with regard to YO Coins other than permissible use set forth in the rules of Yooo App. We will not be able to exchange your YO Coins for legal tender or to transfer your YO Coins to others’ account unless otherwise required by laws and regulations or this Agreement.
5.5 You understand and agree that you shall obtain YO Coins through Yooo’s official channels and methods allowed by Yooo App. YO Coins obtained through unofficial channels or abnormal methods are not legitimate and shall be banned. Upon the occurrence of such situations, we have the right to take actions such as giving you a warning, requesting for correction with a time limit, and suspending or terminating your account, reducing or emptying YO Coins in your account. All the responsibilities arising therefrom shall be borne by you.
Yooo VIP Service ("VIP Service") refers to paid value-added services provided by Yooo. You will be entitled to various specialized services only when you pay us the applicable fees as stipulated hereunder. You may refer to the specific page on our Yooo App for more details of such specialized services.
The specific fee rates for VIP Service ("VIP Service Fees") will be explicitly shown to you on the payment page when you activate such VIP Service. You should pay VIP Service Fees in a lump sum. In addition, we are entitled to adjust such fee rates according to Section 4.2 hereunder. We will offer you different discounts based on your different purchase methods and quantities. Please refer to the payment page for specific discount information.
6.3.1 VIP Service includes an automatic renewal function (“Automatic Renewal Service”). Unless otherwise agreed, you agree to authorize us to deduct the VIP Service Fees for the next billing period (“billing period” includes 1 week, 1 month or 3 months) from your credit card or other payment methods which are bound to your App Stores account. Such deduction will be made at least 24 hours before the end of the current service term and such VIP Service Fees will be credited to your payment records and your service will be extended accordingly.6.3.2 You shall ensure that we can make deductions of VIP Service Fees from your App Stores account and that any renewal failure arising from the insufficient deductible balance in your App Stores account shall be your sole responsibility.6.3.3 In case of any error in the course of fee deduction, we will closely cooperate with you and find out the cause. Each party shall be liable for the losses based on their respective fault.6.3.4 You may cancel Automatic Renewal Service at your sole discretion. If you choose to cancel your subscription to such service, you need to opt out of the Automatic Renewal of your subscription by following the appropriate settings in your account with the app stores. If you do not cancel your subscription at least 24 hours before the end of the current subscription period, it will be assumed that you permit Yooo to deduct VIP Services Fees in accordance with applicable Yooo rules. Once such deduction is successful, we will offer You VIP Services during the next billing period.6.3.5 On or prior to the payment of the Automatic Renewal Service fees, in the case of any change to the monthly services fees, the prices at the time of the Automatic Renewal Service shall prevail.6.3.6 You understand and agree that the instruction given to us for deduction of automatic renewal fees prior to your termination of Automatic Renewal Service shall remain valid and any deductions made under such instruction shall not be refunded. You shall be liable for any responsibilities incurred therefrom.
6.4 You understand and agree that if you purchase VIP Service for 1 year, 1 month, or 3 months, and pay applicable VIP Services Fees in a lump sum, such payment shall not be refunded upon completion.
6.5 The term for VIP Service shall commence at the date you activate your VIP Service. You may log in to Yooo App and refer to [“Me page”-“VIP Entrance”] for information about the detailed service term.
6.6 We are entitled to amend or modify the VIP Service, and relevant terms in accordance with our business development or technology upgrade and other situations. We will announce such change or modification on our Yooo App prior to implementation of such change or modification; however, we will not separately send any individual notice every time. If you do not agree to such change or modification, you may cancel the subscription to VIP Services and stop using such services. If you continue to use VIP Services, you will be deemed to accept such change or modification.
7.1 You understand and agree that we have the right to provide you with commercial advertisements or other commercial and non-commercial information during the provision of Yooo Products and/or Services subject to applicable laws and regulations. We may provide advertisements or information in places including, but not limited to, the Official Website, any location on Yooo App, SMS, official social networking accounts or elsewhere, and We have the right to unilaterally change the manners and/or scope of providing the advertisements or information.
7.2 You know and agree that we make no representations or warranties about the content of the advertisements or information and you shall depend on your own understanding and judgment to determine the authenticity and reliability of advertisements or information. Unless otherwise expressly provided by laws and regulations, any act or dispute arising from the influence of advertisements or information shall be assumed by you, and We shall not be responsible but are willing to provide necessary assistance required by laws and regulations.
8.1 Unless otherwise agreed or stated by us, all content (except for the content that you have copyright under applicable laws and regulations) of Yooo App, Official Website, and official accounts of Yooo on third-party social networking platforms, including technology, software, programs, data and other information (including but not limited to, text, images, pictures, photographs, audio, video, graphs, colors, layout, electronic documents) and all intellectual property rights (including but not limited to the copyright, trademark, patent, trade secret, etc.) and related rights and interests in the content created, collated or otherwise generated by us (e.g. artificial intelligence) shall be owned by us and/or our licensors. Your use of Yooo Products and/or Services will not cause any transfer of rights in terms of any intellectual property rights and related interests owned by us or any of our licensors. Without our authorization, you shall not use (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, leasing, operating through any robot, spider or other program or device, etc.) or modify, adapt or translate the software, technology or materials used by Yooo Products and/or Services; You shall not create products or derivatives relating to Yooo Products and/or Services; You shall not provide part or all of Yooo Products and/or Services to any third party; You shall not obtain source code of Yooo Products and/or Services through reverse engineering, decompiling, disassembly or other similar actions. Otherwise, we have the right to hold you liable for any losses caused to us or others and to report any of your illegal acts to relevant competent government authorities. You shall not use, delete, cover or alter any of our logos without permission, including but not limited to the text, graph and their combination of our logo, and the name of other logos, signs, products and services, service marks, trade names, domain names, website names or other distinctive brand characteristics of us and our affiliated companies (hereinafter referred to as "Logos"). Without our prior written consent, you shall not use our Logos for display, use or apply for the registration of trademarks, domain names, etc. individually or in combination with any way; You shall not express or imply to others that you have the right to display, use, or otherwise dispose of such Logos; You shall not engage in any other activities that would mislead others to believe that you are associated with such Logos. You shall be held fully liable for any losses or damage caused to us or others by your use of such Logos in violation of this Agreement. We authorize you a revocable, limited, non-transferable, and non-exclusive right to access to, download and use Yooo App in order to use Yooo Products and/or Services. You shall use the Yooo App only for the purpose of accessing/using Yooo Products and/or Services.
8.2 You shall guarantee that the images, audios, videos and other content (hereinafter referred to as "Licensed Content") uploaded by you while using Yooo Products and/or Services are your original work or you have relevant copyright or license to use them (including but not limited to using the images as portraits and homepage backgrounds and upload the texts, pictures, audios, videos and other content). You agree to authorize us to use Licensed Content according to this Agreement. In case any content uploaded or used by you is infringing or has defects of right, you shall be solely responsible for and hold us harmless from any dispute arising therefrom. In case that any third-party claims against us with regard to the Licensed Content, you shall actively defend us and provide us with all possible cooperation and assistance in defending against such third party (including but not limited to the provision of supporting documents, materials, information, etc. relating to the Licensed Content). In case that any losses are caused to us as a result of any infringement or any other defects of rights of the content uploaded by you, you shall compensate us for all losses caused thereby and eliminate any adverse effects arisen therefrom.
8.3 You understand and agree that, from the date of uploading the Licensed Content to Yooo App, you grant us a worldwide, permanent, free, non-exclusive, sublicensable (multi-tiered) license to use, develop or license all or part of the Licensed Content in any analysis, publicity, promotion, advertising and/or related marketing of our products and brands (including but not limited to, all intellectual property rights such as the right of reproduction, communication through information networks, adaptation, compilation, modification, translation, making derivatives, performance and display except for the right of signature). For the avoidance of doubt, the above license covers the use, reproduction, display and dissemination of images, trademarks, service marks, brands, signs, corporate logos contained in the Licensed Content and covers other rights and interests necessary for us to use the Licensed Content.
8.4 You agree that we have the right to act in our name or in the name of your trustee or entrust others to protect the rights of the Licensed Content. For this purpose, our right includes but is not limited to: monitoring infringement, sending attorney letters, initiating litigation, arbitration, or mediation, negotiating for settlement, etc. You further agree that we can fulfill such rights independently and at our own discretion. At our request, you shall actively provide necessary assistance (including but not limited to providing supporting documents, materials, information, etc. relevant to Licensed Content) in order for us to fulfill such rights. The compensation (if any) obtained from the right protection shall be shared between us equally after the deduction of our cost and expenses.
9.1 We attach great importance to the protection of your personal information. We will collect, use, preserve and share your personal information in accordance with the terms and conditions under this Agreement and Yooo Privacy Policy. Please see Yooo Privacy Policy for details. You are kindly reminded that we may synchronize your personal information on your different terminal devices (such as your cellphone and tablet PC, etc.), in order to provide you with better services while you are registering an account or using Yooo Products and/or Services.
9.2 You shall read carefully and fully understand Yooo Privacy Policy before using Yooo Products and/or Services, and you shall make such choices as you think appropriate in accordance with the terms of Yooo Privacy Policy.
We attach great importance to minor protection. We will determine your age according to the personal information you provide, and only provide services if you reached or above the age of majority. You are not allowed to register an account with us if you are a minor as defined in Section 17 Definition of Key Words of this Agreement.
11.1 In accordance with the development of Yooo’s business or for other reasonable reasons, and to the maximum permitted by applicable laws and regulations and subject to Yooo Privacy Policy and the fulfillment of any mandatory requirements, we could change or terminate any or all Yooo Products and/or Services, or to change, delete or transfer the content that you have stored or uploaded on our server at any time but with prior notice to you, during which we shall not be liable for any breach of contract against you or any third party. You can contact us to handle relevant issues in the manner described in Section 14 hereof while we take the above actions.
11.2 We reserve the right to suspend or terminate your account, or your access to Yooo Products and/or Services, if we find or reasonably believe that you have violated or may violate this Agreement, other terms and conditions released by us or any applicable laws and regulations. Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of Yooo Products and/or Services; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
11.3 You understand and agree that you will not be able to log in to the account or check information of the account after we terminate the provision of Yooo Products and/or Services to you. In such case, we will stop collecting and using your personal information, and delete any information collected about you. We terminate the provision of Yooo Products and/or Services to you without prejudice to the effectiveness of your liability arising from breach of contract or any other form of the liability to us and any third party prior to the termination of the Services.
12.1 You understand and acknowledge that Yooo Products and/or Services are provided on an “as is” and “as available” basis. We cannot and also do not guarantee that the Yooo Products and/or Services are free from any defects, and that we do not make any express or implied commitment or guarantee for the Yooo Products and/or Services (including technology and information), including but not limited to quality, stability, correctness, timeliness, completeness, consistency and safety, unless otherwise required by the applicable laws and regulations.However, we strive to continuously improve the quality and level of service and provide you with better service.
12.2 We reserve the right to withdraw and/or amend Yooo Products and/or Services at our sole discretion. We will not be liable if, for any reason, all or any part of Yooo Products or Service is unavailable at any time or for any period. From time to time, we may restrict your access to some parts of our products or service, or the entire Yooo Products and/or Services.
(1) the Yooo Products and/or Services are fully compatible with other software, hardware and systems. In case of incompatibility, you may consult us for technical support. If the problem cannot be solved, you may choose to uninstall and stop using Yooo Products and/or Services; (2) our control over the interruption of Yooo Products and/or Services, data losses, account losses, and damage to data relating to your account and other losses or risks may be caused by the force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government action, and planning/adjustment/revision of Yooo Products and/or Services; (3) the consistency, security and stability of Yooo Products and/or Services, nor can we guarantee whether it has computer virus, disguised trojan horse program or other hacker software, if Yooo App is not downloaded and obtained from any official channels or other channels unauthorized by us. We do not assume any legal liabilities for any direct or indirect damages caused to you thereby; (4) the safety, reliability, timeliness and performance of Yooo Products and/or Services; (5) any Yooo Products and/or Services or other materials provided meet your expectations.
12.4 We will overhaul or maintain our system and related equipment on a regular or irregular basis and notify you in advance if such circumstances may cause service interruption within a reasonable time. However, we do not assume any legal liabilities generated thereby.
(1) use or failure in use of Yooo Products and/or Services;(2) any products,materials or services purchased or acquired through Yooo Products and/or Services;(3) unauthorized use or modification of your data for any reason irrelevant to us;(4) other matters relating to Yooo Products and/or Services for any reasons irrelevant to us.
12.6 You shall take good care of your account and password, strengthen your password security, and change your password regularly to avoid leakage or theft of the account. We shall not be liable for any losses or reduction of your rights and interests of the account if your account is breached or stolen for any reason irrelevant to us.
12.7 We shall not assume any legal liabilities for any losses or reduction of your rights and interests of the account and/or the property under your account arising from your failure to properly keep your account number, password (if applicable) and log in your device, and/or your failure in retrieving your account and account property due to your refusal of identity authentication or providing untrue authentication information.
12.8 You understand and agree that we have the right to make business changes, adjustments, and technical changes at our own discretion, and to modify or interrupt, suspend or terminate Yooo Products and/or Services at any time, based on the needs of the overall operation, without notifying you, and without assuming any liabilities against you or a third party, unless otherwise provided by laws and regulations or agreed by both parties.
12.9 Subject to applicable laws and regulations, we shall be entitled to delete, block or disconnect links as appropriate as a result of your violation or suspected violation of applicable laws and regulations and this Agreement at our own discretion; and we have the right to stop providing services to you, or suspending or terminating your account; we also shall have the right to preserve relevant information in accordance with the applicable laws and regulations and report it to the relevant competent government authorities.
12.10 Content uploaded, shared and disseminated by you on the Yooo App do not represent the views of us, we shall not be liable for such contents. you should make your own judgment on the legality, authenticity and accuracy of content posted by other users on this application, and undertake all risks arising from the use of such content (including the reliance on the correctness, completeness or legality of the content).
12.11 We only assume the direct liability expressly provided in this Agreement. Unless otherwise provided herein or stipulated by applicable laws and regulations, the aggregate liabilities that we shall assume hereunder against You shall not exceed the total amount of fees We charge You for our products and/or services in the past 12 months.
All notices we send to you under the terms and conditions of this Agreement may be sent personally or by means of homepage announcements, Yooo messages, Official Website, E-mail, SMS, or post.
13.1 if given personally, will be deemed to have been received upon delivery;
13.2 if given by post, will be deemed to have been received on the second day following posting;
13.3 if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and
13.4 if given by Yooo to you electronically, will be deemed to have been received upon delivery (and a delivery report received by Yooo will be conclusive evidence of delivery even if the communication is not opened by you); and
13.5 if given to Yooo electronically, will be deemed to have been received upon being opened by us.
If you have any problem with this Agreement during your use of Yooo Products and/or Services, you may contact us by sending an email to mayyang0213@gmail.com, or clicking the “Me” – “ Settings” – “Help & Support” in Yooo App.
15.1 The interpretation and dispute resolution of this Agreement shall be governed by the laws and regulations of the People's Republic of China, without regard to its principles of conflict of laws.
15.2 To the extent that the local laws of the country where you reside apply to your use of our services as a consumer and the arbitration is prohibited under the local laws for consumer protection related matters, you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration.
15.2.1 The seat of arbitration shall be Hong Kong, and the arbitration shall be administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the HKIAC Administered Arbitration Rules then in force.
15.2.2 The law of this arbitration clause shall be Hong Kong law.
15.2.3 The arbitration proceedings shall be conducted in the English language.
15.2.4 The award of the arbitral tribunal shall be final, conclusive and binding upon the parties.
15.2.5 Judgment upon any award may be entered and enforced in any court having jurisdiction over a party or any of its assets. For the purpose of the enforcement of an award, the parties irrevocably and unconditionally submit to the jurisdiction of any competent court and waive any defences to such enforcement, including any defences based on lack of personal jurisdiction or inconvenient forum.
16.1 You understand and agree that we have the right to make a general transfer and assign of our rights and obligations under the terms and conditions of this Agreement to a third party. We will notify you through Yooo App or other methods in an appropriate manner upon such transfer.
16.2 This Agreement is personal to you and us and may not be enforced by any third party (except the assignees under section 16.1).
16.3 Our failure in timely or fully exercising our rights in accordance with the provisions of the laws and regulations, and the terms and conditions of this Agreement shall not be deemed as waiving such rights, nor shall it affect our future exercise of such rights.
16.4 If any provisions of this Agreement are wholly or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain in force and binding. Both you and us shall make the best efforts to give effect to the original intent set forth in this Agreement.
16.5 The headings hereof are designed for the convenience of reading only and shall not affect the meaning or interpretation of any clause hereof.
16.6 You and us are independent subjects. In no event shall this Agreement constitute any expressed or implied warranty or condition for you, nor shall it constitute an agency, partnership, joint venture or employment relationship between you and us.
16.7 Copyright in the terms and conditions of this Agreement belongs to us, and we reserve the right to interpret and modify all terms and conditions of this Agreement, all Yooo Products and/or Services. Any modification of the terms and conditions of this Agreement constitutes a part of this Agreement.
16.8 Even if the term of use of Yooo Products and/or Services is described with “permanent”, “long-term”, “lifetime” or words with similar meanings in any documents, it shall not be understood that Yooo Products and/or Services will last forever. Instead, Yooo has the right to change, update and/or cease the Yooo Products and/or Services, or any part of it, at any time at its sole discretion.
Specific terms used herein shall have the following meanings:
17.1 We/Us: refers to HAPPY CAT GAMING Co., Ltd.
17.2 Yooo App: refers to the mobile application named “Yooo” operated by HAPPY CAT GAMING Co., Ltd. and various versions thereof.
17.3 Yooo Products and/or Services: refers to the following products and/or services Yooo provides to you: (1) the Official Website at mayyang0213@gmail.com; (2) the Yooo app; (3) Yooo Products and/or Services provided through the Official Website and/or the Yooo App; (4) Other products and/or services related to the Yooo Products and/or Services we provide to you.
17.4 Users/User: refers to you as the user(s) of Yooo Products and/or Services.
17.5 You: refers to the individual who is entering into this Agreement with us.
17.6 Agreement: refers to the terms and conditions of the Yooo User Service Agreement and Specific Rules. Specific Rules refer to any specific rules of Yooo Products and/or Services that Yooo shows you separately, including but not limited to rules and procedures that we may show you for certain specific Yooo Products and/or Services or when Yooo Products and/or Services are updated or developed from time to time. The Specific Rules are an integral part of the Yooo User Service Agreement.
17.7 Device: refers to the equipment that may be used to access Yooo Products and/or Services.
17.8 Post: refers to content that is uploaded by Users to the Yooo Products and/or Services and other users can like, comment and share.
17.9 Personal Information: means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
17.10 Minor: Please find it in Special Terms subject to the different meanings in different jurisdictions.
17.11 The age of majority: Please find it in Special Terms subject to the different meanings in different jurisdictions.
17.12 Logos: refers to commercial logos (including trademarks and logos of Yooo and its affiliated companies, the text, graph and combination of “Yooo”, and other logos, signs, the names of products and services), service logos, trade names, domain names, website names or other distinctive brand characteristics, copyright notices or other rights notices of Yooo and its affiliated companies.
17.13 Licensed Content: refers to the text, pictures, audios, videos and/or other content that you upload to Yooo App and authorize Yooo to use.
17.14 Affiliated Company: refers to subordinate companies or other affiliated enterprises within the scope of the consolidated statement of Yooo Technology Co., Ltd. , and the company/enterprise has a shareholding relationship with Yooo Technology Co., Ltd., for which one party controls, is controlled or under the joint control by other enterprises.
17.15 Control: refers to the fact or ability that a direct or indirect control is caused to the management of a company by means of shareholding, voting shares, contractual agreements or other legally recognized means.