Terms & Conditions
Service and Terms
- The Services are provided subject to these Terms and rules or policies that yellemo may publish from time to time(collectively, the "Agreement"). yellemo may make changes or modificationsto this Agreement at any time, and such changes or modifications are effectiveimmediately upon the earliest of (a) yellemo's email notification to youadvising you of such changes or modifications, (b) your electronic acceptanceof this Agreement after such changes or modifications have been made to thisAgreement as indicated by the "Date of Last Revision" date at the top of theTerms, or (c) your continued use of the Services after yellemo posts theupdated Agreement to yellemo.com. In addition, when using particular yellemo services, Customer and yellemo will be subject to any postedguidelines or rules applicable to such Services that may be posted from time totime.
- Customer will be one party to this contract. For all Customers, yellemo will be the other contracting party.
- The Services are available only to persons who can formlegally binding contracts under applicable law. Without limiting the foregoing,the Services are not available to individuals under the age of 18. If you donot qualify, please do not use the Services.
- The Services provides a collection of tools and resources tomanage an online store, process orders and sell products online. In addition,the Services may include migration services relating to your use of the yellemo's tools and resources.
- Customer must complete a registration form in order to usethe Services. Customer will provide true, accurate, current, and complete informationabout Customer as requested in the registration form, and will update theinformation to keep it current. As part of the registration process, Customer will identify an email address and password for Customer's yellemo account.Customer is responsible for maintaining the security of Customer's account,passwords, and files, and for all uses of Customer's account and of theServices in Customer's name. yellemo reserves the right to refuseregistration of, or cancel, accounts it deems inappropriate.
- yellemo acknowledges that yellemo is responsible for the security of credit cardholder data to the extent that yellemo has control of that data. To that end, yellemo undertakes regular assessments consistent with the Payment Card Industry Data Security Standards. Customer acknowledges that Customer is responsible for determining the PCI DSS merchant requirements applicable to the Customer and Customer's unique use of the yellemo platform and tools.
Restrictions and Responsibilities
- This is an Agreement for Services, and Customer is notgranted a license to any software by this Agreement. Customer will not,directly or indirectly: reverse engineer, decompile, disassemble, or otherwiseattempt to discover the source code, object code, or underlying structure,ideas, or algorithms of or included in the Services or any software,documentation or data related to the Services ("Software"); modify, translateor create derivative works based on the Services or any Software; or copy(except for archival purposes), distribute, pledge, assign or otherwisetransfer or encumber rights to the Services or any Software; use the Servicesor any Software for timesharing or service bureau purposes or otherwise for thebenefit of a third party; or remove any proprietary notices or labels.
- Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms, yellemo'spublished privacy policies or otherwise furnished to Customer (the "PrivacyPolicy") and all applicable laws (including but not limited to policies andlaws related to spamming, privacy, obscenity, or defamation). Customer may notaccess or otherwise use third party mailing lists in connection with preparingor distributing unsolicited email to any third party. Customer hereby agrees toindemnify and hold harmless yellemo and its Content Providers and therespective directors, officers, employees and agents of each against anydamages, losses, liabilities, settlements, and expenses (including withoutlimitation costs and reasonable attorneys' fees) in connection with any claimor action that arises from an alleged violation of the foregoing. Althoughyellemo has no obligation to monitor the content provided by Customer or Customer's use of the Services, yellemo may do so and may remove any suchcontent or prohibit any use of the Services it believes may be (or alleged tobe) in violation of the foregoing.
- For every email message sent in connection with theServices, Customer acknowledges and agrees that the recipient has agreed toreceive such communication and that Customer will not engage in the act ofsending unsolicited emails.
- In using the varied features of the Services, Customer mayprovide information (such as name, contact information, or other registrationinformation) to yellemo. yellemo may use this information and anytechnical information about Customer's use of this website to tailor itspresentations to Customer, facilitate Customer's movement through this website,or communicate separately with Customer. yellemo will not provideinformation to companies Customer has not authorized, and yellemo will notauthorize the companies that get such information to sell and redistribute itwithout Customer's prior consent.
- Customer acknowledges and agrees that: (a) the Servicesincluding without limitation, any modifications, enhancements and updates, andany originals and copies thereof, in whole or in part, and all intellectualproperty rights therein (collectively, "Proprietary Information") are owned byyellemo and/or its third party sponsors, partners, and other co-branders(collectively, Content Providers), (b) the Proprietary Information containsvaluable copyrighted material and is protected by China and internationalcopyright and other intellectual property laws, (c) the Proprietary Informationis licensed, rather than sold, to Customer pursuant to these Terms, and (d)Customer has no rights in the Proprietary Information, other than the rightsand licenses granted to Customer herein.
- yellemo Trademarks. "yellemo" and our logos (bothwords and design) either are trademarks, service marks, or registeredtrademarks of yellemo or its Content Providers, and may not be copied,imitated or used, in whole or in part without yellemo's prior expresswritten consent or that of our Content Providers. In addition, all pageheaders, custom graphics, design and user interface elements, and scripts areservice marks, trademarks, and/or trade dress of yellemo and may not becopied, imitated, or used, in whole or in part without our prior writtenpermission, which consent may be withheld in our sole discretion. All othermarks or logos not owned by yellemo are the property of their respectiveowners.
- Reservation of Rights. Except for the rights expresslygranted to Customer pursuant to these Services, Customer acknowledges that ithas no right, title or interest in or to this website, the Services orProprietary Information. All rights not expressly granted by yellemo inthese Terms are hereby reserved by yellemo. There are no implied rights.
Term and Termination
- Customer may terminate this Agreement at any time. To learnmore about how to terminate this Agreement, please contaact us.
- yellemo may terminate this Agreement or the Services atany time with or without cause, and with or without notice. yellemo willhave no liability to Customer or any third party because of such termination.
- Upon termination or expiration of this Agreement by eitherparty for any reason, (a) yellemo will cease providing the Services, (b)you will not be entitled to any refunds of any usage fees or any other fees,pro rata or otherwise and (c) any outstanding balance owed to yellemo foryour usage of the Services through the effective date of such termination orexpiration will immediately become due and payable in full. All sections ofthis Agreement which by their nature should survive termination will survivetermination, including, without limitation, warranty disclaimers andlimitations of liability.
- Upon termination or expiration of this Agreement by eitherparty for any reason, yellemo may delete any Customer archived data within30 days after the date of termination.
Disputes Regarding Account or Site Ownership
- The entity or person creating a yellemo account anddesignated as the owner will be deemed the account owner. For security reasons,only the account owner or the point of contact designated by the account ownerwill be allowed to make changes, cancellations, or designate a new point ofcontact. Disputes sometimes arise between or among multiple persons claimingownership of or rights in a site, store or account. yellemo is notobligated to, and will not, resolve any such disputes.
- If multiple persons are claiming ownership of or rights in asite, store or account, and, in yellemo's sole judgment, there isuncertainty as to the ownership of or rights in such site, store or account,then yellemo will, to the extent of its knowledge and ability, notify suchpersons of the dispute and demand that such persons promptly, conclusively, andfinally resolve the dispute in a manner which makes clear who the owner(s)and/or interest holder(s) is/are and in a manner which relieves yellemo ofall liability and obligations concerning the dispute and such site, store oraccount. If the disputing persons fail to resolve the dispute within what yellemo, in its sole judgment, deems to be a reasonable time, then yellemo, at its sole option and without any obligation to do so, maysuspend or terminate the account until such persons resolve such dispute andreach certainty regarding ownership of or rights in such website, store and/oraccount. The person or persons conclusively and finally determined by courtorder, binding arbitration or settlement agreement to be the rightful owner(s)or interest holder(s) of such website, store and/or account will be obligatedto pay all amounts due and comply with the then current yellemo policyregarding transfers of accounts, if required, to transfer ownership of thesite, store and/or account to the rightful owner. Failure of the rightful ownerof such site, store and/or account to timely pay in full all of such amountswill be deemed a breach of these Terms and will subject the account toimmediate termination.
Customer Voluntary SuggestionsSome of the features of this website orthe Services found at this website may allow Customer to view, post, publish,share, store, or manage (a) ideas, opinions, recommendations, feedback oradvice ("Customer Feedback"), or (b) literary, artistic or other content,including but not limited to photos and videos. By providing Customer Voluntary Suggestions to yellemo via any method (e.g. site submission,email, survey responses, etc.), Customer represents and warrants to yellemothat (i) Customer has all necessary rights to distribute Customer Voluntary Suggestions viathis website or via the Services found at this website, either because Customeris the author of the Customer Voluntary Suggestions and has the right to distribute the same,or because Customer has the appropriate distribution rights, licenses and/orpermissions to use, in writing, from the copyright or other owner of theCustomer Voluntary Suggestions, and (ii) Customer does not violate the rights of any thirdparty by providing the Customer Voluntary Suggestions.
License to yellemoyellemo will have the right touse and disclose any Customer Voluntary Suggestions posted to yellemo's corporatewebsites or submitted directly to yellemo for any lawful purpose. In noevent will Customer or anyone else be entitled to any compensation oracknowledgement for yellemo's use of any Customer Voluntary Suggestions. Customer'sprovision of Customer Voluntary Suggestions is entirely voluntary and will not create anyconfidentiality obligation for yellemo. By submitting Customer Voluntary Suggestions,Customer hereby grants yellemo an irrevocable, perpetual, transferable,non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensablethrough multiple tiers) to: (a) use, copy, distribute, reproduce, modify,create derivative works of, adapt, publish, translate, publicly perform, andpublicly display Customer Voluntary Suggestions (or any modification thereto), in whole or inpart, in any format, medium or application now known or later developed, and (b)use (and permit others to use) Customer Voluntary Suggestions in any manner and for anypurpose (including, but not limited to, commercial purposes) that yellemodeems appropriate in its sole discretion (including, but not limited to, toincorporating Customer Voluntary Suggestions (or any modification thereto), in whole or inpart, into any technology, product or service. The provisions in this Sectionapply specifically to yellemo's use of Customer Voluntary Suggestions posted toyellemo's corporate websites or submitted directly to yellemo, and not to Customer's hosted sites. Customer will be solely responsible for any and all ofthe Customer Voluntary Suggestions that are submitted through Customer's account, and theconsequences of, and requirements for, distributing it.
Customer's Name and Trademarks; Customer Feedback; CustomerSubmissions
- Name and Trademarks. Customer hereby grants yellemo a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, service marks and logos (Customer's Marks) as are used by Customer on Customer's hosted sites in connection with this Agreement, and images and publically-facing information about Customer on Customer's hosted sites including, but not limited to, screenshots of Customer's hosted sites and associated photographs appearing on Customer's hosted sites (Customer Public Information and Images): (a) on yellemo's own websites describing and promoting yellemo's Services, (b) in printed and online advertising, publicity, directories, newsletters and updates describing and promoting yellemo's Services, and (c) in applications reasonably necessary and ancillary to the foregoing. Customer (i) represents and warrants to yellemo that Customer has all necessary rights to grant yellemo the foregoing rights, and (ii) agrees that neither Customer nor anyone else will be entitled to any compensation for yellemo's exercise of the foregoing rights.
- Discussion Areas. yellemo makes no representations or warranties withrespect to any forums, blogs, private messages, emails, or other electronicdiscussion mediums made available on or via the Services (collectively, "Discussion Areas") or with respect to any messages, information, or materialscontained in the Discussion Areas. Customer's use of, or reliance upon, anysuch messages, information, or materials is at Customer's sole risk andexpense. yellemo does not, and cannot, review all of the information andmaterials provided in the Discussion Areas and has no responsibility orliability for any such information or materials or their use. If yellemo becomesaware of any information or materials that it determines violate these Terms orthe Discussion Areas' policies promulgated by yellemo from time to time orthat yellemo otherwise deems inappropriate in its sole discretion,yellemo reserves the right to delete, move, or edit any such information ormaterials.