These Terms and Conditions of Use (“Terms and Conditions”) apply to the YNY International, Inc. Website located at www.ynyinternational.com (the “Website”). The Website is the property of YNY International, Inc. (“YNY International”) and its licensors. By using the Website you are agreeing to these Terms and Conditions.
The entire content included in this Website, including but not limited to text, graphics, trademarks, logos, sound or computer code, and the design, arrangement, coordination and expression of such content contained on the Website is protected by copyright, patent and trademark laws, and is the property of YNY International. ALL RIGHTS RESERVED.
Subject to any expressly stated restrictions or limitations relating to specific material, permission is granted to view, download, print, copy, or display portions of the material from the different areas of the Website; provided that (a) the information is used by you for informational, non-commercial purposes, including the use for the purposes of placing an order with YNY International or purchasing YNY International products; (b) you do not edit or modify the information; and (c) any and all copyright, trademark or other proprietary notices that appear herein are displayed on any materials copied, downloaded or in any way displayed from the Website. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by YNY International.
All trademarks, service marks and trade names of YNY International used in the Website are trademarks or registered trademarks of YNY International.
Use of Website:
By accessing the Website, you warrant and represent to YNY International that you are legally entitled to do so and to make use of information made available via the Website.
You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a YNY International or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited.
You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
YNY International does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, YNY International is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
YNY International reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to YNY International in its sole discretion.
Disclaimer of Liability:
YNY International shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system, or the performance of the products, even if YNY International has been advised of the possibility of such damages. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
In the event that a YNY International product is mistakenly listed at an incorrect price, YNY International reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. YNY International reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, YNY International shall issue a credit to your credit card account in the amount of the incorrect price.
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, YNY International disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. YNY International does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. YNY International does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In an attempt to provide increased value to our visitors, YNY International may link to sites operated by third parties. However, even if the third party is affiliated with YNY International, YNY International has no control over these linked sites, all of which have separate privacy and data collection practices, independent of YNY International. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, YNY International seeks to protected the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).
You agree to indemnify, defend, and hold harmless YNY International, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, arising out of or in connection with your use (including the use of any other person accessing the Website using your account) of this Website.
Governing Law; Dispute Resolution:
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of YNY International products) shall be in the state or federal courts located in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of YNY International products) must be commenced within one (1) year after the claim or cause of action arises. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between YNY International and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
YNY International’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. YNY International may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
YNY International may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to YNY International.
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. YNY International reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Conflict of terms:
If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.