Your use of the internet-based mobile application and service provided to you by YEAY GmbH, Alte Jakobstrasse 79-80, 10179 Berlin, Germany („us“, „we“, our“) is subject to this User Agreement. By using YEAY, you accept the User Agreement.
1. Service Description
YEAY is a global video-based mobile-app which provides a marketplace for sellers and buyers with a strong focus on entertainment (“YEAY”, “App”). You can use YEAY in two different user roles: 1.1. Be part of the YEAY Audience. As a member of the YEAY Audience, you can browse through the app, watch product videos, discover new, cool products and brands and simply: Be entertained! 1.2. Become a Buyer. As a buyer, you can get in touch with your favorite brands and buy the products you discover on YEAY from the third party sellers („Seller(s)“) via an external brand website that will be launched from the YEAY. We expressly note that YEAY is not your purchase partner. The buying contract will be made between you and the Seller you are ordering from. You do not buy the product from YEAY. Accordingly, the Seller and not us is legally responsible for all questions relating to your purchase (payment, delivery, etc.)
2.1. If you want to use YEAY as a Buyer, you need to register for YEAY. Please follow and finalize the registration process provided in the App. The minimum age for a registration is 16 years. With your registration you warrant that all data provided by you is true and accurate. Creating an account with false information is a violation of our Terms.
2.2. Being a member of the Audience, no registration is required.2.3. Please make sure that you use a “strong” password for your registration. You must not share or disclose your password to any other third party.
3. Sales Transaction
4. YEAY Commission, Costs
4.1. As a Buyer or member of the Audience, your use of YEAY is free of any payment to us. 4.2. You may incur connection costs depending on the particular internet service, cell phone contract or any other contracts you have concluded with third parties in order to access the App.
5. YEAY Score rewards program
For your engagement and creation on the YEAY platform we want to reward you with our YEAY Points rewards program. This will be done through a rewarding score that will allow you to reduce costs of shopping through YEAY.5.1: What is YEAY Score? The YEAY score is an incremental number, which can increase and decrease according to your activities and that allows you to purchase products through the YEAY app from Sellers. Your current YEAY score will be shown on your YEAY profile. You can trade the YEAY score for orders of whole products in full price if your YEAY score is higher than item’s price. Please note, that cashing out of score is not possible. You can use your YEAY score only to reduce the purchasing price.5.2: The following events will generate scores for you:a) Sign-up (either creating a new account or first sign-up in with Facebook) (250 Y scores per video)Limitations: 1-time event for each user b) Video watch (1 Y score per video)Limitations: Complete video watch and max. 66 points per day (4000 / 60)c) Video created approved On creating a video that is approved you receive 100 Y scores per videod) Following: Upon following another user you will get 25 Y scores per userLimitations:You can generate up to 100 YEAY scores from following a day5.4: Implementation of YEAY scores in your order flow Near the product details, you will see the total amount of your YEAY points on top of the product detail card. Please check your indivifual offer for the further details.5. 5: what is prohibited?Selling your account Exchange rate with different real currencies Purchasing only from allowed stores Document fraud user information: IP, geo-location, email, username, device IDTransactional log
6. Your use of YEAY
6.1. User License Subject to your full compliance with the User Agreement, we grant you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable license to use YEAY (subject to a successful Registration).6.2. Usage Rules When using the App, you must not: – register with the app more than once – enter data that is false, inaccurate or misleading – send or post junk, spam or similar harassing messages – act in conflict with any applicable statutory provisions – act in any other unlawful way, including the offering of products that are not fully owned by the Seller, do not exist or that are not available in a sufficient number – use the App for any other purpose as set forth in the present User Agreement – manipulate or misuse the App and its features – offer products that are illegal or on our [Prohibited Products] list – make direct arrangements with a Seller or a Buyer by circumventing the App features 6.3. Your Content a. By posting or uploading videos, images, texts etc. to YEAY („Your Content“), you grant us a non-exclusive, perpetual, worldwide, royalty-free, non-revocable, assignable and transferable license for Your Content in order to use it for all current and future features of YEAY. This license shall include (but not be limited to) the right to store Your Content on our servers and edit/transcode and combine Your Content with other content. b. You must not upload Your Content, that is – infringing third party rights (you must not upload Your Content, if you do not personally own the required rights!); – contrary to laws (including the laws for the protection of minors, copyright-, trademark-, patent-, design patent or utility patent law); – racist, inhuman, insulting or contrary to public decency; – pornographic or promoting, offering or distributing pornographic products,- harassing others (particularly in the form of spam); – undertaking or encouraging anti-competitive actions, including progressive user canvassing (such as chain, snowball or pyramid selling schemes);- blocking, overwriting, modifying, copying the YEAY entirely or partly, except where necessary for the proper use of the YEAY; – undertaking actions likely to impair the functionality of our technical infrastructure, in particular by placing an excessive burden on these. c. You represent and warrant, that Your Content is not encumbered by any third-party rights. 6.4. We reserve the right to remove, block and delete your account for any reason and without any liability at any time, especially if we believe that you do not comply with the provisions set forth under Section 5.2 and 5.3. b.
7.1. We reserve the right to terminate your use of YEAY for good cause. 7.2. If you wish to end your business relationship with us, please follow and finalize the “unregister” process in the app. With the successful fulfillment of the unregister process, our business relationship with you will end. Section 7.3. (grant of rights for Your Content”) shall survive the end of the business relationship (i.e. YEAY shall be entitled to keep Your Content available within the scope of the App’s features globally and in perpetuity).
8. Take Down Policy
Please notify us under [email protected] if you get aware of any unlawful or inadequate use of the App by any other user (“Take Down Request”). Please include the following information in your Take Down Request: – your name – your e-mail-address and other contact details – a detailed explanation of your motivation for the Take Down Request – link or screenshot of the problematic content. We will check your Take Down Request and take measures that we think are appropriate.
We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness of the YEAY for a particular purpose. We do not make any representations or warranties that the YEAY will be error free or that access thereto will be continuous or uninterrupted.
We are not liable for a. proper performance and fulfillment of the Purchase Agreement between a Seller and a Buyer b. any special, incidental or consequential damages; c. the cost of procurement or substitute products or services; d. for interruption of use or loss or corruption of data; or e. for any amounts that exceed the fees paid by you to us under this agreement. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable laws. In the event of slight negligence, we shall not be liable to other businesses and shall be liable to consumers only for personal damages. We shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
You shall indemnify us from any and all third-party claims and all reasonable legal defene costs as well as for any other damages resulting from any violation by you of this User Agreement or the infringement of any third-party rights by Your Content.
13. Changes /Amendments
We reserve the right to change and/or amend the User Agreement from time to time. If you have registered for YEAY, we will notify you about upcoming changes/amendments. If you do not object to the changes/amendments within 2 weeks by e-mail ([email protected]), the changes/amendments will become binding for you. Should you object to the changes/amendments, the old version of the User Agreement shall remain binding; in this case we reserve the right to terminate the agreement with you.
14. Severability, Applicable Law, Place of Jurisdiction
If a provision of the present Agreement should be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by one that comes as close as possible to the commercial intent behind the old provision. The Parties shall be obligated to cooperate in arriving at a corresponding clarification of the text of the Agreement. The same shall apply to any potential legal gaps/omissions in the Agreement. The present Agreement shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of goods. The place of jurisdiction for any disputes arising between the Parties in connection with this Agreement shall be Berlin, Germany.