Terms of Service
This Terms of Service Agreement (“Agreement”) is an agreement between you (“User” or “you”) and Yyyummy ("Yyyummy", "we", or "us").
Yyyummy provides a website, online platform, ecommerce tools and other services for Users to promote their products and services directly to their customers.
Please review the following terms carefully.
By using the Yyyummy.com website (“Site”) you are agreeing to these terms and any other legal notices or guidelines posted on the Yyyummy.com website.
If you do not agree to these terms, you must cease use of the Yyyummy.
You must be 18 years of age or older to sell or purchase products, subscription offerings and services.
If you choose to create an Account, you agree to provide only accurate, complete registration information,
and you will keep that information up-to-date if it changes. If you do not keep your registration information up to date,
your account and access to the Yyyummy may be terminated.
Access to the Yyyummy is not authorized by any other person or entity using your Account and you are responsible for preventing such unauthorized use.
You are solely responsible for any and all access to the Yyyummy or use of our Site by persons using your Account.
Please notify us immediately if you become aware that your Account is being used without authorization.
You hereby certify that your country of residence is the same as your billing address.
All information, materials, content, data, images, tools and services provided by Yyyummy or its affiliates,
or through the Site, are owned by Yyyummy or licensed to us by others.
All Yyyummy Content is protected by copyright, trademark, trade secret and other laws.
Except as otherwise expressly stated in this Agreement,
you are not granted any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site or through the Yyyummy.
Yyyummy grants you a revocable, non-transferable and non-exclusive license to use the Yyyummy Content
through your Account only to the extent necessary to access and use the Yyyummy in accordance with this Agreement.
You are responsible for all information, materials, content, data, images, tools and services
posted, stored, used, uploaded or displayed on or through the Yyyummy by you or through your Account.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks
that are contained in Content that you use or display on or through the Yyyummy.
You grant us an irrevocable, worldwide, non-exclusive, royalty-free license,
with rights to sublicense, host, use, store and display, in any form or medium, whether now known or later developed,
your intellectual property rights related to the User Content in order to provide you with the Yyyummy.
You represent and warrant that you have all the rights necessary to grant us such license.
Yyyummy is not responsible for any User Content that may be deleted, lost or unrecoverable through the Yyyummy.
You are solely responsible for backing up and archiving all User Content.
It is our goal to make the use of the Yyyummy a good experience for all of our Users, so you agree not to do any of the following:
You agree not to display, post, upload, use, advertise, sell, or offer for sale any information, materials, User Content or products and services that:
conduct or promote any illegal activities while using the Yyyummy;
upload, distribute or print anything that may be harmful to minors;
attempt to reverse engineer or jeopardize the correct functioning of the Yyyummy,
or otherwise attempt to derive the source code of the software
(including the tools, methods, processes, and infrastructure) that enables or underlies the Yyyummy;
attempt to gain access to secured portions of the Yyyummy to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use the Yyyummy to generate unsolicited email advertisements or spam, or send unsolicited email advertisements or spam to advertise any website;
use any automatic or manual process to search, scrape, harvest or download information from the Yyyummy,
or to interfere in any way with the proper functioning of the Yyyummy;
sell or offer to sell anything that is illegal or that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another;
imply or state, directly or indirectly, that you are affiliated with or endorsed by Yyyummy without our express written permission;
impersonate another User.
We may, but are not obligated to, terminate Accounts and/or remove User Content from the Yyyummy if we determine or suspect that those Accounts or User Content violate the terms of this Agreement,
or the applicable agreement with the offending User(s).
We may also report you to law enforcement officials in the appropriate jurisdictions.
We take no responsibility for your exposure to User Content through the Yyyummy whether it violates our content policies or not.
infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of Yyyummy or others.
You represent that you own or have the necessary licenses, rights and permissions to display, post, upload or use, and
to authorize Yyyummy to display, post, upload or use any and all User Content;
violates the privacy, publicity, or other rights of third parties;
is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, explicit, hateful, or encourages conduct
that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Yyyummy in its sole discretion,
is false or inaccurate, or could damage our company, affiliates, advertisers, or other parties.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your copyright or other rights have been infringed on or through the Yyyummy,
please submit a written notification and send a scan copy to
with the following information:
When a valid notification is received, we promptly investigate and take down offending content.
We will take reasonable steps to contact the User who posted the removed content so that any counter information may be submitted for consideration.
Note that all such notifications are not covered by our
a description of the copyrighted work or other rights that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Yyyummy (including the url of the page(s) or copies of the page(s) if available);
your address, telephone number, and email address;
include the following statement:
"I have the good faith belief that the use of the copyrighted materials described above
and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
include the following statement:
"I swear, under penalty of perjury, that the information in the notification is accurate
and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
the signature of the person authorized to act on behalf of the owner of the copyright interest and assenting to the statements above.
The communications between you and Yyyummy use electronic means, whether you visit the Site,
use the Yyyummy or send us emails, or whether Yyyummy posts notices on the Site or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from Yyyummy in an electronic form;
and (b) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that Yyyummy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
The foregoing does not affect your non-waivable rights.
You are solely responsible for all taxes associated with your use of the Yyyummy.
Sales or other tax for the sale or Products will not be separately calculated and added at checkout by Yyyummy or our payment processor.
Accordingly, the prices you set for Products must include any applicable sales tax.
You are solely responsible for determining and remitting the appropriate taxes (sales, VAT, or otherwise) to the appropriate taxing agency.
It is recommended that you consult a tax advisor.
You shall indemnify Yyyummy in full against any liability for sales tax or other taxes due for sales of Products on or through the Yyyummy.
Errors and Backing up User Content.
You are solely responsible for the accuracy and appropriateness of all User Content on your account and in communications with buyers,
including sales tax calculations, product pricing, product descriptions, shipping charges and contact information.
Yyyummy in not responsible for inaccurate information and any potential damages caused by such inaccuracies.
You further understand that you are solely responsible for backing up your User Content.
We may change or discontinue any or all of the Yyyummy at any time, without cause, without prior notice.
We reserve the right to terminate this Agreement at our election and for any reason, without prior notice.
This Agreement will automatically terminate in the event that you violate any of these terms and conditions.
In the event of termination for any reason, you will immediately cease access to the Yyyummy,
but you agree that you will honor and fulfill any Product order concluded and confirmed prior to termination.
Upon termination, Yyyummy has the right to delete your account and all User Content that is stored in or associated with your account.
Whether you are using the Service as an Seller, Buyer or otherwise, you acknowledge that Yyyummy does not pre-screen any Content
provided or made available by you or any third party in connection with the Service, but that Yyyummy and its designees shall have the right (but not the obligation) in their sole discretion to
(i) monitor alter, edit, or remove any of Your Content, in whole or in part, or
(ii) rescind and terminate your right to use the Service for any reason or no reason.
You acknowledge and agree that Yyyummy may preserve Your Content and may also disclose Your Content for any reason,
including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any of Your Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Yyyummy, its users and/or the public.
You understand that the technical processing and transmission of the Service, including Your Content, may involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Rating and Reviews.
Yyyummy reserves the right, but not the obligation, to refuse to post or to remove
any review or rating of any user of the Service if Yyyummy determines (in its sole discretion)
that it contains or features any of the following:
(a) offensive, harmful and/or abusive language,
including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech);
(b) references to illegal activity;
(c) reviews that do not address the goods and services of the business or reviews with no qualitative value;
(d) language that violates the standards of good taste or the standards of Yyyummy;
(e) information or statements that are or appear to be false; or
(h) comments that disparage Yyyummy.
All ratings and reviews of users on the Website reflect the opinions of others,
and do not reflect or represent the opinions or representations of Yyyummy.
Yyyummy disclaims any and all representations or warranties with regard to the ratings and reviews.
Reviews and ratings do not reflect the views of Yyyummy or its affiliated companies;
or its employees, officers, directors, or shareholders.
Yyyummy does not assume responsibility or liability for any review or rating.
Third Party Websites and Service Providers.
You agree Yyyummy shall not be liable for any error, dispute, fault, or liability
caused by Yyyummy's third party payment and service providers, or other
by third party services and accounts you may have linked to your Yyyummy Account.
Yyyummy is not responsible for the practices, content or accuracy of any third party,
nor is Yyyummy responsible for the availability of such providers or resources
and do not endorse and are not responsible, liable, directly or indirectly, for the privacy practices or content of such service providers,
including (without limitation) any advertising, products or other materials or services on or available from such sites or resources,
nor for any damage, loss or offense caused or alleged to be caused by, or in connection with,
the use of or reliance on any such content, goods or services available on such third party service provider's sites or resources.
Yyyummy is under no obligation to become involved in disputes between Users and any third party.
You release Yyyummy, its officers, directors, employees, agents, and successors
in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way related to such disputes and the Yyyummy.
Links on the Site.
We may provide links to third party websites on or through the Yyyummy.
Yyyummy does not have control over these sites.
We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them.
Additionally, we cannot and will not censor or edit the content of any third party site.
By using Yyyummy you expressly relieve us from any and all liability arising from your use of any third party website.
Linking to the Site.
You may link to the Site as long as you (a) link to the full version of an HTML formatted page of the Site;
(b) not link directly to any image hosted on the Site, such as using an “in-line” linking method
to cause the image hosted by us to be displayed on another website; and
(c) not link from any other website to the Site in any manner such
that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to the Site be discontinued,
and to revoke Your right to link to the Site from any other website at any time.
DISCLAIMER OF WARRANTY.
THE YYYUMMY SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE".
WE AND OUR LICENSORS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE YYYUMMY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE,
THAT THE YYYUMMY, CONTENT, PRODUCTS AND SERVICES ARE MERCHANTABLE,
OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT YYYUMMY WILL MEET YOUR REQUIREMENTS,
IS ACCURATE, ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.
WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF YYYUMMY,
INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR REQUIREMENTS OR
THAT THE YYYUMMY WILL RESULT IN ANY REVENUE OR PROFIT FOR USERS.
WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY.
WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE YYYUMMY AT TIMES OR LOCATIONS OF YOUR CHOOSING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A YYYUMMY REPRESENTATIVE SHALL CREATE A WARRANTY.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.
YOUR USE OF THE YYYUMMY IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN
OR MADE AVAILABLE IN CONNECTION WITH THE YYYUMMY IS NOT INTENDED AS A SUBSTITUTE FOR,
THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS.
THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE YYYUMMY,
AND ANY INFORMATION, MATERIALS, CONTENT, DATA, IMAGES, AND TOOLS PROVIDED ON OR THROUGH THE YYYUMMY MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
LIMITATIONS OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE YYYUMMY.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS OR AGENTS,
FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE YYYUMMY EXCEED THE TOTAL AMOUNT OF FEES
THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR LICENSORS, AFFILIATES, OFFICERS, DIRECTORS AND AGENTS, SHALL NOT BE LIABLE FOR,
AND YOU RELEASE US FROM, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE YYYUMMY.
THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND VENDORS,
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ANY CLAIM ARISING OUT OF OR RELATING TO ANY ERROR OR OMISSION RELATING THE YYYUMMY MUST BE MADE WITHIN ONE (1) YEAR OF THE DATE OF PURCHASE. OTHERWISE, THE CLAIM SHALL BE DEEMED WAIVED.
You agree to defend, indemnify and hold harmless Yyyummy, its licensors, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to reasonable attorney's fees) arising from:
(i) your use of and access to the Yyyummy;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that any of you or any Product sold by you causes damage to a third party.
This defense and indemnification obligation will survive termination of this Agreement and your use of the Yyyummy.
Yyyummy reserves the right at all times to modify any part of this Agreement as we deem necessary or desirable.
If we make changes that materially affect your use of the Yyyummy we will notify you
by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site.
Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on the Site.
We suggest that you revisit this Agreement from time to time to ensure that you stay informed of any such notifications of changes to the Yyyummy.
We also reserve the right to change or discontinue any aspect or feature of the Yyyummy, and to add new features and services.
Any new features or services are subject to the terms of this Agreement.
You understand that much of the information that you submit to us (such as postings and recommendations) is submitted precisely
for the purpose of disclosure in a variety of ways by Yyyummy, and therefore such information is not subject to any confidentiality obligation.
Other information, such as credit card information provided in connection with the purchase of goods and services,
is maintained with appropriate privacy and security protections.
Any communications between you and Yyyummy, such as email or other correspondence,
in which you offer suggestions or comments for improving or modifying the Yyyummy will be deemed by us
to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
You acknowledge that Yyyummy may be irreparably harmed if by a violation or threatened violation
by you of any term of this agreement and that monetary damages alone would not be an adequate remedy.
You agree that Yyyummy shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction.
Such relief shall be in addition to and not in lieu of monetary damages.
Yyyummy shall have no obligation to post a bond or other security in connection with obtaining an injunction, specific performance or other relief.
Rights Not Waived.
Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision.
Authority to Enter into This Agreement.
You represent and warrant that you have the right to grant the rights and protections granted in this Agreement.
You represent that you are legally able to accept the terms of this Agreement.
You affirm that you are 18 years of age and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to comply with these terms.