YELLOW DIAMOND ENTERTAINMENT

TERMS OF USE

Effective Date: March 08, 2022

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ACCEPTANCE OF THE TERMS OF SERVICE

Thank you for visiting our website and using our products as services. These Terms of Service collectively refer to our digital products and services, including our websites and mobile application, as the “Services”. These Terms of Service are a legal agreement between people who use the Services (referred to as a “user” or “users”) and Yellow Diamond Entertainment Company (referred to as Yellow Diamond, “we”, or “us”). These Terms of Service govern access to and use of the Services by users. By using and accessing the Services, users, on their own behalf and on behalf of their children, agree to these Terms of Service. Users who do not agree to these Terms of Service should not use the Services.

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MODIFICATIONS TO THE TERMS OF SERVICE AND TO THE SERVICES 

Yellow Diamond may, in our sole discretion, amend these Terms of Service at any time. Any updates will be effective when posted on the Services. Users are responsible for periodically reviewing the Terms of Service to be aware of changes. By continuing to use the Services, users agree to such changes.

The Services, and the information and material on the Services, may be changed by Yellow Diamond at any time. Yellow Diamond will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time.

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USE OF THE SERVICES

The security of user information is very important to us. We use measures designed to secure user information from accidental loss and from unauthorized access, use and disclosure. 

The safety and security of user information also depends on users. Users are responsible for their own access to the Services. Users must ensure anyone who accesses the Services through their internet connection is aware of these Terms of Service and complies with them. It is a condition of using the Services that all the information users provide on the Services and/or to us related to the Services are correct, current, and complete. If such information has changed, contact us immediately at the contact information below. 

The transmission of information via the internet is not completely secure. Although we do our best to protect user information, we cannot guarantee the security of user information transmitted to our Services. Any transmission of information is at a user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Users are prohibited from attempting to circumvent or violate the security of the Services, including: (a) accessing content and data that is not intended for them; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to other users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material on the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is, or potentially is, malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.

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ACCOUNT SET-UP AND SUBSCRIPTION SERVICES

To access certain parts of the Services users may need to create an account (“Account”) that requires a username and password (“Login Credentials”).  A user must be at least eighteen (18) years of age to create an Account. Membership Services may also be accessed by logging in through a user’s Apple ID or Google account. Users must not share their Login Credentials.  Users are responsible for any activities that happen through their Account. Yellow Diamond reserves the right to terminate Membership Services or remove a user’s Account at any time and for any reason. 

To access Membership Services, users need to create a members account. A Members account may be used to access groups on more than one device. Users are not required to have a Members account to use the Yellow Diamond website or mobile application; however, certain content and features are only available to those users who have signed up for a Members account. A user may delete their Members account at any time.

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INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP 

The Services and all of their content, features, and functionality (collectively, the “Services Content”), including, without limitation, all information, software, code, text, displays, graphics, photographs, video, audio, audio-visual content, design, presentations, selections, and arrangements, are owned by Yellow Diamond and are protected in all forms by intellectual property laws including, without limitation copyright, trademark, moral rights and any other proprietary rights. 

All trademarks, logos, product and service names, designs, images, and slogans displayed on the Services or within the Services Content are trademarks of Yellow Diamond and/or others. Users may not use such intellectual property without the prior written permission of the trademark owner. Use of any such intellectual property, except as expressly authorized in writing, will constitute an infringement and/or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Users may only use the Services for personal and non-commercial use. Users shall not remove or alter any copyright, trademark or other legal notices from the Services or the Services Content. Users may not modify, copy, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services unless permission is granted by Yellow Diamond Entertainment in advance. If a user prints, copies or downloads any part of our Services in breach of these Terms of Service, that user’s right to use the Services will cease immediately and that user must, at our option, return or destroy any copies of the materials they printed, copied or downloaded. Users have no right, title, or interest in or to the Services or to any Services Content, and all rights not expressly granted are reserved by Yellow Diamond. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and/or other intellectual property or other proprietary laws and could subject the infringer to legal action.

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USER SUBMISSIONS AND CONDITIONS OF USE

Yellow Diamond does not ask for any confidential, secret, or proprietary information or other material from users through the Services, by email or in any other way. If a user submits any materials, content (including, for example, any photographs or artwork), information or ideas to Yellow Diamond (“User Submissions”), that user (i) represents and warrants that all User Submissions are original to that user, that no other party has any rights thereto, and that any “moral rights” in the User Submissions have been waived, and (ii) grants to Yellow Diamond a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable, sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use the User Submissions for any purpose Yellow Diamond chooses, commercial or otherwise, in its sole discretion, without any compensation or credit to that user and in accordance with our Privacy Policy. We cannot be responsible for maintaining User Submissions and we may delete or destroy User Submissions at any time.

Users warrant and agree that any use of the Services and any User Submissions will not:

1. Use the Services in violation of any applicable law.

2. Violate the Terms of Service of any third-party website that is linked to the Services, including but not limited to, any third-party social media website.

3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.

4. Involve stalking, attempting to exploit or harm any individual (including but not limited to minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

5. Involve, provide, or contribute any false, inaccurate, or misleading information. 

6. Impersonate or attempt to impersonate Yellow Diamond; a Yellow Diamond employee, independent contractor, or director; another user; or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

7. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation. 

8. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Yellow Diamond or users of the Services, or potentially expose them to liability.

9. Attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or the Services Content.

10. Use the Services in violation of the intellectual property or other proprietary or legal rights of Yellow Diamond or any other person or entity.

11. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

12. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

13. Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

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ENFORCEMENT, SUSPENSION, AND TERMINATION

Yellow Diamond has the right, without provision of notice to:

• Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the User Submissions and Conditions of Use or these Terms of Service.

• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

• Terminate or suspend a user’s access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.

USERS WAIVE AND HOLD HARMLESS YELLOW DIAMOND AND ITS SUBSIDIARIES AND AFFILIATES, AND COLLECTIVELY THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS (COLLECTIVELY THE “YELLOW DIAMOND PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY YELLOW DIAMOND AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY YELLOW DIAMOND OR LAW ENFORCEMENT AUTHORITIES.

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NO RELIANCE 

The Services Content is provided for general information purposes only. It is not intended to amount to advice on which users should rely. Users must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the Services Content.

Although we make reasonable efforts to update the Services Content, we make no representations, warranties, or guarantees, whether express or implied, that the Services Content is accurate, complete, or up to date. Use of the Services by users is at their own risk and neither Yellow Diamond nor the Yellow Diamond Parties have any responsibility or liability whatsoever for use of the Services by users.

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PRIVACY 

By submitting information and using our Services, users consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with our Privacy Policy and the Super Simple App: Privacy Statement. If a user does not agree to our Privacy Policy, such user should not use the Services.

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THIRD-PARTY WEBSITES 

The Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from our Services. If users choose to access any such sites, they do so at their own risk. Yellow Diamond has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from use of them. Users are subject to any terms and conditions of such third-party sites. 

Users may link to our Services, provided they do so in a way that is deemed by us to be fair, and legal, and does not damage our reputation or take advantage of it. Users must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice. Users agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

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ONLINE PURCHASES

All orders, subscriptions, purchases, and transactions for the sale of goods or services are final. Users recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

 

Monthly Subscriptions

When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.  

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Annual Subscriptions

When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

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DISCLAIMER OF WARRANTIES

USERS UNDERSTAND AND AGREE THAT USE OF THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT THEIR OWN RISK. THE SERVICES, THE SERVICES CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER YELLOW DIAMOND NOR THE YELLOW DIAMOND PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR THE SERVICES CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER YELLOW DIAMOND NOR THE YELLOW DIAMOND PARTIES REPRESENT OR WARRANT THAT THE SERVICES, THE SERVICES CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. USERS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR USE OF THE SERVICES AND THEIR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO USERS DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.

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LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT WILL YELLOW DIAMOND OR THE YELLOW DIAMOND PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT A USER WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL YELLOW DIAMOND OR THE YELLOW DIAMOND PARTIES’ AGGREGATE LIABILITY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, EXCEED THE TOTAL AMOUNT PAID TO YELLOW DIAMOND BY THE USER MAKING THE CLAIM IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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INDEMNIFICATION

To the maximum extent permitted by applicable law, each user agrees to defend, indemnify, and hold harmless Yellow Diamond, the Yellow Diamond Parties and their respective assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to that user’s breach of these Terms of Service or use of the Services, including, but not limited to, User Submissions, third-party sites, any use of the Services Content, services, and products other than as expressly authorized in these Terms of Service.

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GOVERNING LAW AND CHOICE OF FORUM

The Services and these Terms of Service will be governed by and construed in accordance with the laws of the State of Texas and the federal laws of the United States applicable in Texas, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the state of Texas or any other jurisdiction) and notwithstanding a user’s domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to the Services and under these Terms of Service will be instituted in the courts of the State of Texas. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. Users waive all objections to the exercise of jurisdiction by such courts and to the venue of such courts.

BY ENTERING INTO THESE TERMS OF SERVICE, USERS EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST YELLOW DIAMOND OR THE YELLOW DIAMOND PARTIES.

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WAIVER 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

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SEVERABILITY

If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

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ENTIRE AGREEMENT

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between the user and Yellow Diamond regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

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REPORTING AND CONTACT

The Services are operated by Yellow Diamond Entertainment Company.  All notices of copyright infringement claims, reporting of misuse of the Services (including libelous or defamatory conduct), comments, questions, requests for technical support and other communications relating to the Services should be sent to: 

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Yellow Diamond Entertainment LLC
ATTN: Privacy Dept.
539 W. Commerce St #1821

Dallas, TX 75208

(972) 861-2427

Email: info@yellowdiamondent.com