Terms and Conditions

Last updated: February 2, 2022

PLEASE REVIEW THE FOLLOWING TERMS OF USE (“AGREEMENT”) THAT GOVERNS THE USE OF THE WEBSITE (“SITES”) AND SERVICES (“SERVICES”) OFFERED BY TAMAYOU, INC. (“TAMAYOU”, “us”, “our” or “we”). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF AND/OR REGISTRATION FOR ANY SERVICES WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THE TERMS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU CANNOT AGREE TO AND COMPLY WITH THIS AGREEMENT AND ITS REQUIREMENTS, YOU ARE PROHIBITED FROM ANY USE OF THE SERVICES. USE OF TAMAYOU’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS, UNLESS A SEPARATE COMMERCIAL AGREEMENT IS ALSO IN PLACE BETWEEN YOU AND TAMAYOU (WHERE SUCH SEPARATE AGREEMENT MAY INTEGRATE AND TAKE PRECEDENCE OVER THIS AGREEMENT).

1. ELECTRONIC COMMUNICATIONS. By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

2. CONTACTING YOU. When you provide us with contact information in connection with a particular activity or product or otherwise when using our Services, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes an inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent and you attest that you have the legal authority over any contact information provided to us, including your mobile or other telephone number, and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by email, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving). Please keep contact information up to date: you are solely responsible for any contact information you provide to us.

3. PRIVACY POLICY. In addition to reviewing these Terms, you should also read our Privacy Policy to understand how we collect and use your personal information. TamaYou’s current Privacy Policy at tamayou.com/privacy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by TamaYou’s Privacy Policy.

4. ELIGIBILITY TO USE THE SERVICES. The tamayou.com website (“Website”), the domain name and any application/platform/mobile services offered is expressly owned and operated by TamaYou. Unless otherwise noted, the design, content, including information and other materials, illustrations, design, icons, images, artwork, graphics, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof, are owned by TamaYou or its affiliates or are licensed from third party service providers by TamaYou. We may offer to provide certain services, as described more fully on the Website solely for your own use, and not for the use or benefit of any third party. TamaYou reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Website and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. We also reserve the right to post, from time to time, additional rules of usage that apply to specific parts of the Website or specific Services, which may be posted in the relevant parts. We also may change, suspend or discontinue the Services at any time, including the availability of any feature, data, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Website and Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

TamaYou and the Services are not intended for users under the age of 18. To register for any Services offered, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Services in conjunction with your parents or guardians. TamaYou does not knowingly collect or solicit personally identifiable information from users under the age of 13 nor knowingly allow such persons to register for the Services. Anyone under 13 should not send any information about themselves to TamaYou or on the Services. If anyone under 13 submits information through any part of TamaYou site or Services, and TamaYou becomes aware that the person submitting the information is under 13, we will delete that information as quickly as possible.

You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

5. USE OF THE SERVICES AND CONTENT. The Services and its contents may only be used in accordance with the terms of this Agreement. Except as may be set forth in these Agreement, access to the Services does not grant you any right to use, store, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any content on the Services. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services. This includes any third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners.

In the course of using the Services, you and other users may provide information which may be used by TamaYou in order to provide the Services to you and other users. You understand that by providing content, materials or information to TamaYou or in connection with the Services, you hereby grant TamaYou a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use.

6. RESTRICTIONS. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, share or display on or via the Services. Accordingly, you warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without TamaYou’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Tamayou; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

TamaYou reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not TamaYou, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

TAMAYOU IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION POSTED ON OR ACCESSIBLE THROUTH THE WEBSITE AND/OR SERVICES.

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.

  • Unacceptable user activities includes, but is not limited to:
  • is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
  • offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights or other proprietary rights of any third party, including the copyrights, trademarks, trade names, trade secrets, patents or rights of publicity of such third party;
  • includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming;
  • is harmful to TamaYou’s or any other party’s systems and networks, including any transmissions which may damage, surreptitiously intercept, or expropriate any system, program, data or personal information;
  • violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party;
  • is intended to offer professional legal, medical, investment, or other such advice;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

In addition you may not use the Website or Services for any of the following purposes determined in TamaYou’s sole discretion:

  • to reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by TamaYou or to use or copy any content or data you view on and/or obtain from the Services to provide any product or service that is competitive to TamaYou;
  • to engage in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted best practices;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  • in a manner that is harmful to minors in any way;
  • to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Services without authorization;
  • to interfere or attempt to interfere with the proper working of the Sites or Services or prevent others from using the Sites or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Sites, or that otherwise negatively affects other persons’ ability to use the Sites or Services;
  • by use of automated means, including agents, robots, scripts, or spiders;
  • in a manner that includes personal or identifying information about another person without that person’s explicit consent;
  • in a manner that constitutes or contains any form of advertising or solicitation;
  • to stalk or otherwise harass anyone;
  • to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
  • to collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • to request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Services for the purposes of automating logins to our Services;
  • to post any content whatsoever that is false, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind;
  • to attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Sites;
  • to develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Sites or Services; or
  • post content that contains links to other sites that contain the kind of content, which falls within the descriptions prohibited by this section.

 

You understand and agree that TamaYou shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

7. WARRANTY DISCLAIMER. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OR ACCESSING THE SITES AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE WEBSITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES OR SERVICES, ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THESE TERMS, ANY ADVICE THAT MAY BE POSTED ON THE SITES IS FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL OR MEDICAL ADVICE. YOU ACKNOWLEDGE THAT TAMAYOU MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TAMAYOU DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF TAMAYOU WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OR THE DISCLAIMERS SET FORTH IN THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES OR CONTENT ACCESSIBLE OR CONTAINED ON THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TAMAYOU DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED ON OR ACCESSIBLE FROM THE SITES AND SERVICES.

8. REGISTRATION AND SECURITY. To register and use the Services, you may be required to create an account and provide certain information about yourself including, without limitation, your name, email address, date of birth/age, and create a username, password, and a user profile. You may not (i) select a username of another person with the intent to impersonate that person, or (ii) select a username that TamaYou deems, in its sole discretion, to contain verbiage. If you choose to create an account, you agree to provide (i) true, accurate, current and complete information about yourself, and (ii) maintain and properly update the information in your account as needed. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. TamaYou reserves the right to refuse the registration of an account, or cancel an account, in its sole discretion.

You will be responsible for maintaining the confidentiality of your password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. TamaYou will not be liable for any loss or damage arising from your failure to comply with the above requirements.

9. INDEMNITY. You will indemnify and hold TamaYou, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

10. LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAMAYOU, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR ITS SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE WEBSITE, CONTENT OR OTHER MATERIALS AVAILABLE THROUGH US OR ANY THIRD PARTY LINKED TO OUR SERVICES, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWENERS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MANY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE TAMAYOU, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES AND SERVICES.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TAMAYOU’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY TAMAYOU, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY TAMAYOU.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

LIABILITY CAP. EXCEPT FOR CLAIMS ARISING OUT OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT – RESTRICTIONS, IN NO EVENT WILL THE TOTAL COLLECTIVE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AGGREGATE FEES PAID OR OWED BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IN NO EVENT WILL THIS LIMITATION APPLY TO THE AMOUNTS DUE FOR SERVICES UNDER THE AGREEMENT.

11. FEES AND PAYMENT. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. TamaYou reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

12. INTERACTION WITH THIRD PARTIES. The Services may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by TamaYou. When you access Third Party Services, you do so at your own risk. TamaYou has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless TamaYou from any and all liability arising from your use of any Third Party Service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TamaYou shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TamaYou is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release TamaYou, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. SUSPENTION OR TERMINATION OF USE. Your failure to follow these Terms may result in suspension or termination of your access to the Services, without notice. You may also terminate your use of the Services at any time. In addition, TamaYou further reserves the right to terminate, without notice, any user’s access to or use of the Services for any reason, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. COPYRIGHT DISPUTE POLICY. TamaYou respects the intellectual properties of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). When we receive proper Notification of Alleged Copyright Infringement as described below, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers.

A. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the TamaYou services in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.mycontentpage.com/item1_qjofkrns123.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

Identify the URL or other specific location on the service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2_hjdsi899.”

Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Include your name, mailing address, telephone number and email address.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by E-Mail as set forth below:

TamaYou Designated Copyright Agent

E-Mail: copyrightagent@tamayou.com

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter Notification

If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.

Your name, address and telephone number.

A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Your physical or electronic signature.

You may submit your Counter Notification using our automated form, or send it to our Designated Agent by E-Mail as set forth below:

TamaYou Designated Copyright Agent

E-Mail: copyrightagent@tamayou.com

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

15. DATA COLLECTION POLICY. All data generated by or collected from us or our users while visiting our Sites or accessing our Services is our property. Any third party collecting or attempting to collect data from us or our users (a “Data Collector”) is hereby notified that it is subject to the following Data Policy. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication which is related to our Services without our prior express written permission of in each instance. The data covered by this policy includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.

16. IDEA SUBMISSIONS. It is TamaYou’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TamaYou does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that TamaYou is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

17. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. TamaYou shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with TamaYou’s prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind TamaYou in any respect whatsoeverYou and TamaYou agree there are no third party beneficiaries intended under this Agreement.

18. ARBITRATION FOR RESOLUTION OF DISPUTES. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. TamaYou makes no representation that the contents, the Services or any other services or products offered through the Website or Services are appropriate, available or legal in any particular location. Those who choose to access the Website, contents, the Services and products offered through TamaYou do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

You and TamaYou each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms will be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”).

This arbitration provision will service termination of these Terms and/or the termination of your account. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable except that if for some reason this prohibition on Class Action Waiver cannot be enforced, then these Terms to arbitrate will not apply.

19. CONTACTING TAMAYOU. If you have any questions about these Terms, You can contact us:

  • By email: questions@tamayou.com
  • By visiting this page on our website: https://www.tamayou.com/contact
  • By mail: 1728 Ocean Ave., PMG#178, San Francisco, CA 94112