Welcome to the YeahoYeah.com website (the "Site"). YeahoYeah Inc. , their affiliates, subsidiaries, directors, officers, employees and sponsors
or designated agencies are referred to herein as "we," "us," or "our".
1. You Agree to These Terms by Using the YeahoYeah Website (the "Site").
Your access to and use of the Site, as a YeahoYeah Brand Website Member (a "Member") or as a visitor
browsing the Site is subject to, and you must comply with, the following Terms of Use and all
applicable laws and regulations. If you do not agree and accept, without limitation or qualification, to comply with these Terms of Use,
please exit the Site.
2. YeahoYeah Member Accounts:
In order to access certain Site features and in order to post your work on the Site, you must be Member with a Member account.
Creating a Member account is free. When creating your Member account, you must provide accurate and complete information and you must
expressly read through these Terms of Use and click "Yes" to the statement "I have read, understood and will comply with the Terms of Use
for this Site." You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify the Site administrator at
admin@yeahoyeah.com immediately of any breach of security or unauthorized use of your account.
We are not and will not be liable to you for your losses caused by any unauthorized use of your account. If you no longer wish to be a
Member, click on the "Terminate Membership" button on the "My Profile" page. Your membership will be terminated and all of your postings
will be removed from the Site.
3. Non-Commercial Use of Site:
You agree to use the Site solely for personal, noncommercial use. You are prohibited from using the Site to advertise or perform
any commercial solicitation.
4. Intellectual Property Rights
Ownership of Content
The content on the Site, except all Member Submissions (as defined below), including without limitation, the text, images,
photographs, software, scripts, interactive features and our registered or unregistered trademarks,
designs and logos ("YeahoYeah Content"), are owned by or licensed to us or others with all rights reserved unless otherwise noted.
You may not distribute, modify, copy, transmit, broadcast, display, reuse, reproduce, publish, license, create derivative works from,
transfer, sell or otherwise exploit or use YeahoYeah Content without our written permission. Your use of any YeahoYeah Content,
except to create Member Accounts and post Member Submissions as provided in these Terms of Use, without our written permission is
strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution. We reserve all rights not expressly granted in and to the
Site and the YeahoYeah Content.
5. Member Submissions
We may permit Members to post to the Site artwork, including, but not limited to, drawings, photographs, videos, or
commentary and other communications ("Member Submissions"). For greater certainty, Member Submissions include anything that
Members post to the Site. You shall be solely responsible for your own Member Submissions and the consequences of posting or
publishing them. With respect to your Member Submissions, you affirm, represent, and warrant that: (i) you own or have the
necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions
in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the Member Submissions in the manner contemplated by the Site and these Terms of Service.
You retain all of your ownership rights in your Member Submissions, but by submitting the Member Submissions to us,
you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the Member Submissions in connection with the Site and our business, including
without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each Member of the Site a non-exclusive license to access your Member Submissions
through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions as
permitted through the functionality of the Site and under these Terms of Use. You are prohibited from using the Site to post or
transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous,
inflammatory, pornographic, hateful, racially or ethnically offensive, or profane material, or any material that could constitute
or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You are prohibited from posing advertisements or solicitations of business. You are prohibited from using the Site to impersonate
any person or entity, including any Site moderator or any of our representatives. You further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to
post the material and to grant us all of the license rights granted herein. We will fully cooperate with any law enforcement
authorities or any court order requesting or directing us to disclose the identity of anyone posting or transmitting any
such information or materials. For any Member Submissions, you acknowledge and agree that we reserve the right (but have no obligation)
to evaluate each Submission before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do
one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted or
stored any Submission; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means
of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Submissions
or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to
operate the Site; to protect us and our and our sponsors’ or agencies’ respective employees, officers, directors, shareholders, agents,
representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce
these Terms of Use; or for any other reason or purpose. In addition, we have no control over and no liability for any damages resulting
from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through
any Submission or any other part of the Site.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR
OWN RISK. You agree to not engage in the use, copying, or distribution of any of the YeahoYeah Content other than expressly permitted
herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Site for any commercial
purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that
prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Complaints about Member Submissions:
If you are a Member and you believe in good faith that any Member Submission is offensive or inappropriate in any way,
or if you think it infringes your rights under Canadian Copyright law, you may flag that Member Submission and will be removed
from the Site and may be reviewed. Non-members may send an e-mail to
info@yeahoyeah.com. We reserve the right not to review any
flagged Member Submissions, in which case, they will not be re-posted them to the site. However, in the event that a review of flagged
Member Submissions is conducted and it is determined that the flagged Member Submissions do not violate any of these Terms of Use
and do not violate any applicable laws, we also reserve the right to re-post such reviewed flagged Member Submissions.
We do not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim
any and all liability in connection with Member Submissions. We reserve the right to remove Content and Member Submissions even
if they have not been flagged by other Members without prior notice.
6. Privacy
Your activities on the Site: Please remember that any information you disclose to the Site becomes public information and you
should exercise caution when deciding to disclose your personal, financial or any other information to the Site.
It is recommended that you do not tell anyone on the Site your real name, home address, email address, telephone number
or mobile phone number. Any communication or material you transmit to the Site, such as questions, comments, suggestions,
Member Submissions, or the like ("Public Material"), will be treated as nonproprietary and as having been made available
to be shared with the public. By making Member Submissions, you are deemed to consent to the collection, use, storage and
sharing with third parties of such Public Material.
Personal Information Collected for the Purpose of Setting up Member Accounts: Any personal data (for example, your name, address,
telephone number or e-mail address) that you provide for the purpose of setting up a Member Account will be used by us
in accordance with our Privacy Policy. You represent and warrant that any information you provide in connection with
your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such
information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete,
we may terminate your use of the Site.
7. Contests
Any sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site will be governed by
specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, raffle, survey,
or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.
We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which,
in addition to these Terms of Use, governs any information you submit in connection with such activities.
8. Disclaimer of Warranties
ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, MEMBER SUBMISSIONS, IS SUBJECT TO CHANGE AND IS AVAILABLE TO YOU "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply
to you. Without limiting the foregoing, we neither warrant nor represent that your use of any Member Submissions will not infringe
the rights of any third parties nor that the content of Member Submissions be accurate, complete or up-to-date.
WE FURTHER ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE.
Additionally, with reference to any Member Submissions and the like that may be on the Site, we assume no responsibility or
liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene,
scandalous, inflammatory, pornographic, hateful, racially or ethnically offensive, or profane material, or any material that could
constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law,
contained in any such locations on the Site.
9. Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE YEAHOYEAH COMPANY, YEAHOYEAH INC., NOR ANY OF THEIR SUBSIDIARIES,
AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE,
ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS
OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED
INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT
LIMITATION, NEITHER THE YEAHOYEAH COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR I
NABILITY TO USE THE SITE, OR RESULTING FROM ANY CONTENT POSTED ON THE SITE BY THE YEAHOYEAH COMPANY OR ANY THIRD PARTY. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS THAT ARE DEFAMATORY, OFFENSIVE, OR FOR THE ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by YeahoYeah Inc. from its facilities in Canada. We make no representations that the
Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at
their own risk and are responsible for compliance with local law.
10. Links to Third Party Sites, Ad Banners, Unauthorized Postings By Members
The Site may contain unauthorized materials posted by members. We take no responsibility for third party banners or links to
sites owned and operated by parties other than ourselves. Such links are provided for your convenience only. We do not control,
and are not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing,
we specifically disclaim any responsibility if such sites:
• infringe any third party's intellectual property rights;
• are inaccurate, incomplete or misleading;
• are not merchantable or fit for a particular purpose;
• do not provide adequate security; • contain viruses or other items of a destructive nature; or
• are libelous or defamatory.
We do not endorse the content, or any products or services available, on such sites. If you establish a link to such sites,
you do so at your own risk.
11. Indemnity
You agree to defend, indemnify and hold us harmless, including our respective directors, officers, employees, agents, shareholders, licensors
and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of,
or activities in connection with, the Site; (b) any violation of this Agreement by you or through your account; or (c) any allegation that any Submission
that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual
property or other rights of any third party. 11. Ability to Accept Terms of Use You affirm that you are either of the
age of majority in the province or territory in which you reside, or an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set for the
in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13 as
the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
12. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred
or assigned by us without restriction.
13. Termination
You agree that we, in our sole discretion, may terminate your access to or use of the Site, at any time and for any reason,
including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.
Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the
Site may be effected without prior notice, and that we may immediately deactivate or delete your account and password, and all related information
and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third
party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available
to you after any such termination.
14. Revisions to the Terms
We may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the current Terms of Use. You can determine when this Agreement was last revised by referring to the "LAST UPDATED"
legend at the top of this document. When using any services on the Site, you agree that you are subject to any additional posted guidelines, rules, terms
and conditions applicable to such services, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.
15. Revisions to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site,
with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site;
modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part,
or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance
of such changes.
16. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the Province of Ontario, Canada without regard to its choice of law provisions.
You agree that the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions
other than Ontario, Canada. Any claim or dispute between you and us that arises in whole or in part from the Site shall be decided exclusively by a
court of competent jurisdiction located in Toronto, Ontario, Canada. These Terms of Use, together with our Privacy Policy and any other legal notices
published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. If any provision of these Terms of Use
is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.