Last Updated: 10/20/2022

Welcome to Yamibuy.com. Transocean Resources Management, Inc and/or its affiliates (“Yami”) provide website features and other products and services to you when you visit or shop at Yamibuy.com, use Yami products or services, use Yami applications for mobile, and other device-based applications on various platforms, including, without limitation, Android and iOS (the “App”), or use software provided by Yami in connection with any of the foregoing (collectively, including the App, “Yami Services”). These Terms of Use (the “Terms”), constitute a legally binding agreement between you and Yami that applies to your Yamibuy.com account and your use of the App and the Yami Services, including any viewing or submission of content in the Yami Services.

Please read these Terms carefully before using the website or the Yami Services. By using Yami Services and/or the App, you agree to the Terms. Additional terms may apply to the Yami Services. When you use a Yami Service (for example, Your Profile, Gift Cards, Yami Points, Yami Videos, or Yami applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Yami Service (“Service Terms”). You are authorized to use the Yami Services and the App only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Yami Services and uninstall the App immediately.

IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND Yami THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, MASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND.  YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW.  BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

DISPUTE RESOLUTION – Binding Individual Arbitration & Class Action/Jury Trial Waiver (“Arbitration Agreement”) 

Mandatory Binding Arbitration of Disputes. You and Yami agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Yami Services, or any aspect of the relationship between you, on the one hand, and Yami or its suppliers or sellers, on the other hand, or the breach, termination, enforcement, interpretation, or validity of the Terms or this Arbitration Agreement (collectively, “Disputes”), will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), instead of in a court in any jurisdiction by a judge or jury. You and Yami agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and Yami each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action/Jury Trial Waiver. You and Yami agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Yami agree in writing, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing sentence is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and Yami shall be deemed not to have agreed to arbitrate disputes on a mass or class basis. This Arbitration Agreement shall survive any termination of these Terms.

Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending Yami a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at Yami Customer Service, 14969 Summit Dr, Eastvale, CA 92880, or by email at help@yamibuy.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Yami.

Rules & Procedures. The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.

A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879. Any arbitration hearings will take place in the county where you live or at another mutually agreed location.

It is the intent of the parties that the AAA Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California, without regard to its choice or conflict of law provisions.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Yami will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for $10,000 or less, unless the arbitrator finds your Dispute frivolous.

Changes to Arbitration Agreement. Notwithstanding the provisions of “Changes to Terms” below, if Yami changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at Yami Customer Service, 14969 Summit Dr, Eastvale, CA 92880, or by email at help@yamibuy.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Yami in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

GOVERNING LAW, FORUM CHOICE & LIMITATIONS PERIOD

These Terms and the Yami Services shall be governed in all respects by the laws of the State of California, without regard to its choice or conflict of law provisions. Except as otherwise set forth in Dispute Resolution, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms or the Yami Services shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the Terms or the Yami Services must be commenced within 1 year after the cause of action or claim arises.

PRIVACY

Use of the Yami Services is also governed by our Privacy Policy, which is available on the Sites and is incorporated into these Terms by this reference.

ELECTRONIC COMMUNICATIONS

When you use any Yami Service, or send emails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, live chat, texts, mobile push notices, or notices and messages on this site or through the other Yami Services, such as our Message Center and App.

COPYRIGHT

All content included in or made available through any Yami Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of Yami or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Yami Service is the exclusive property of Yami and protected by U.S. and international copyright laws.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Yamibuy.com or purchasing Yamibuy.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Yamibuy.com or to purchase Yamibuy.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Yamibuy.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

Yami’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Yami Service are trademarks of Yami in the U.S. and other countries. Yami's trademarks may not be used in connection with any product or service that is not Yami's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yami. All other trademarks not owned by Yami that appear in any Yami Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yami.

LICENSE AND ACCESS

Subject to your compliance with these Terms and your payment of any applicable fees, Yami or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Yami Services. This license does not include any resale or commercial use of any Yami Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Yami Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Service Terms are reserved and retained by Yami or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yami Service, nor any part of any Yami Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yami. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yami without express written consent. You may not use any meta tags or any other “hidden text” utilizing Yami's name or trademarks without the express written consent of Yami. You may not misuse the Yami Services. You may use the Yami Services only as permitted by law. The licenses granted by Yami terminate if you do not comply with these Terms or any Service Terms.

YOUR ACCOUNT

If you use any Yami Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. These Terms are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Yamibuy.com without notice at any time, for any reason. The provisions relating to Dispute Resolution, Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.

You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes. Yami reserves the rights to refuse service to any accounts including but not limited to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at Yami’s sole discretion.

AGE REQUIREMENT

Yami does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Yami Services only under the supervision of a parent or guardian. Alcohol and adult product listings on Yami are intended for adults only. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol; you must be at least 18 years of age to view or purchase adult related products. Yami is not responsible for purchases made by anyone under the required age to use our website. Yami reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate Yami’s communications policy. Yami does not and cannot review all communications and materials posted to or created by users accessing the site, 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 site, Yamibuy.com is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Yami reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited messages, (e) or otherwise unacceptable to Yami in its sole discretion.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Yami reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Yami a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Yami and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Yami for all claims resulting from content you supply. Yami has the right but not the obligation to monitor and edit or remove any activity or content. Yami takes no responsibility and assumes no liability for any content posted by you or any third party.

Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments is strictly forbidden. Impersonation of others, including a Yami or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site 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. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

RISK OF LOSS

All items purchased from Yami and Yami Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Yami does not issue a refund to returned item(s) until the item arrives and has been inspected at our returns center. Your refund will be issued back to your original form of payment in the following orders: Yami Gift Cards, Yami Points, original form of payment. At our discretion, a refund may be issued without requiring a return. In this situation, Yami does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

PRODUCT DESCRIPTIONS

Due to product improvements design, specifications are subject to change without notice. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Yami does not warrant that product descriptions or other content of any Yami Service is accurate, complete, reliable, current, or error-free. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. We accept no liability for inaccuracies or misstatements about products by marketplace sellers. If a product offered by Yami itself is not as described, your sole remedy is to return it in unused condition.

SALES TAX & REGULATORY FEES

Items sold on Yamibuy.com and shipped to destinations in the following states are subjected to tax:

California

New Jersey (Starting November 1st, 2017)

Canada

If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.

Note: No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.

PRICING

Prices are subject to change without notice. We do our best to make sure that all of the information on this site is accurate. Despite our best efforts, sometimes an item may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Yami reserves the right to cancel any orders placed for products listed at the incorrect price.

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

OTHER BUSINESSES (Third Party)

Parties other than Yami operate stores, provide services, or sell product lines through the Yami Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Yami does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

YAMI SOFTWARE (APP) TERMS

When you use apps created by Yami, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. By using Yami Software, you agree to the following terms:

1. Use of the Yami Software (App). You may use Yami Software solely for purposes of enabling you to use and enjoy the Yami Services as provided by Yami, and as permitted by the Terms, these Software Terms and any Service Terms. You may not incorporate any portion of the Yami Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Yami Software or otherwise assign any rights to the Yami Software in whole or in part. You may not use the Yami Software for any illegal purpose. We may cease providing any Yami Software and we may terminate your right to use any Yami Software at any time. Your rights to use the Yami Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms, or any other Service Terms. Additional third party terms contained within or distributed with certain Yami Software that are specifically identified in related documentation may apply to that Yami Software (or software incorporated with the Yami Software) and will govern the use of such software in the event of a conflict with these Terms or Software Terms. All software used in any Yami Service is the property of Yami or its software suppliers and protected by U.S. and international copyright laws.

2. Use of Third Party Services. When you use the Yami Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Yami Software, whether in whole or in part, or create any derivative works from or of the Yami Software.

4. Updates. In order to keep the Yami Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

CALIFORNIA PROPOSITION 65

Attention California residents: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We know you’re concerned about product safety, and Yami takes all necessary steps to comply with all applicable safety and health requirements.

On Yamibuy.com, we provide a Prop 65 link under each item that requires the Prop 65 warning. If a Prop 65 link does not appear for the product you wish to purchase, the supplier of the product has indicated that it does not require the Prop 65 warning.

18 U.S.C SECTION 2257 COMPLIANCE NOTICE

Yamibuy.com does not produce any content and makes no representation about any content. All image/video products offered on this site and all models pictured on adult product box covers have been produced by other studios or manufacturers.

Yamibuy.com is not the primary producer (as that term is defined in 18 U.S.C. § 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. § 2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

YAMI MARKETPLACE

Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. Yami does not guarantee the accuracy of nutritional labels or any other information on product packaging.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Yami SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES ARE PROVIDED BY Yami ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Yami MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Yami SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Yami SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Yami DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Yami DOES NOT WARRANT THAT THE Yami SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES, Yami'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Yami ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Yami WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Yami SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Yami SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS PURPORTS TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Yami, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

CHANGES TO TERMS

Yami reserves the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Yami Services. Your continued use of the Yami Services and/or the App following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. Your use of, or participation in, certain Yami Services may also be subject to different or additional Service Terms without advanced notice. If these Terms are inconsistent with the Service Terms, those Service Terms will be controlled.

ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any applicable Service Terms and Software Terms constitute the entire agreement and understanding between you and Yami, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms and any applicable Service Terms and Software Terms shall not be construed against the drafting party.

SEVERABILITY

Except as set forth in the provision for Dispute Resolution above, if any provision of these Terms, or any portion thereof, is found to be void, illegal, unenforceable, or invalid, such provision or portion thereof shall be enforceable to the fullest extent permitted by law, the void, illegal, unenforceable, or invalid provision or portion thereof shall be deemed severed from these Terms, and the remainder of these Terms shall continue in full force and effect.