These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, email notifications, applications, buttons, widgets, ads, and commerce services (the "Services" or “Platform” or “Ybann” or “Ybann, LLC”), and any information, text, graphics, photos, audios, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
In order to join and use Ybann, you must be at least 18 years old, or you are 14 years old or older and have your parent(s)’ or legal guardian(s)’ consent to enter into this agreement. At time of registration or Sign Up, you must provide true and accurate information which includes your valid email, date of birth and gender. Any misrepresentation of your registered information may result in permanent termination of your account.
You may use the Services only if you can form a binding contract with Ybann and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, then you attest that you are authorized to represent such company, organization, government or other legal entity. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
We reserve the right to change, alter, replace or modify these Terms at any time without prior notice to you. The Services that Ybann provides are always evolving and the form and nature of the Services provided may change from time to time without prior notice to you. In addition, Ybann may stop permanently or temporarily providing services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. It is your responsibility to check this page for updates. You have the right to terminate your account if you do not agree with any updates. Your continued use of Ybann constitutes your acceptance of any revised Terms.
Ybann is a platform whereby registered users may post and share text, photos, videos, music, graphics, data and other content to other registered users within Ybann and outside of Ybann onto a third party platform which has their own terms and conditions that governs your use and activity on their platform for which Ybann has not involvement, control or authority. You may refer to the third party’s terms and conditions to ensure that you are in compliance with their terms and conditions. The platform also allows registered users to interact with each another, to contribute to discussions and to view, listen to and share uploaded Content made available by registered users.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on or by Ybann on the Services are subject to change. In consideration for Ybann granting you free access to and use of the Services, you agree that Ybann and its third party providers and partners may place such advertising on the Services, via email provided by you during registration or in connection with the display of Content or information from the Services whether submitted by you or others.
You are solely responsible for maintaining the confidentiality and security of your account via your email and a password that you will set up at time of registration. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be responsible for safeguarding the password that you use to access the Services and for all activities or actions emanating from your account, whether authorized by you or not. If your username and/or password has been compromised or if you believe there has been unauthorized access to your account by a third party, it is your responsibility to notify us immediately and change your password as soon as possible. Ybann cannot and will not be liable for any loss or damage due to your failure to maintain the confidentiality and security of your account.
You are solely responsible for your use of the Services, for any Content you post or upload to the Services which may include but are not limited to text, photos, music, graphics, videos, data and for any consequences thereof. Your Content is generated, owned and controlled solely by you, and not by Ybann. You understand that the Content you submit, post, upload, or display will be able to be viewed by other users of the Ybann services and through third party services and websites. Go to your account settings page to control who sees your Content. You should only provide Content that you are comfortable sharing with others under these Terms.
You may not upload, distribute, send, transmit, display, perform, make available, or otherwise communicate to the public any Content to which you do not hold the necessary rights. You acknowledge any music, audio and video, you have uploaded to the Platform is an original work by you, or you have obtained all rights, licenses, consents or permissions necessary to use, and authorize Ybann to use. Any unauthorized use of copyright protected material within Your Content may constitute an infringement of third party rights and is strictly prohibited and may result in termination of your access to Ybann, in addition to possible civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
You acknowledge, understand and agree that you are uploading, posting and sharing your music, audio or video, and other content on to the Platform voluntarily, willingly and on your own accord without expecting or receiving any compensation, financial or by any other means, from Ybann. While Ybann attempts to make every effort to prevent users from downloading music from the Platform, you understand and agree that you will not hold Ybann liable should another user is successful downloading, copying or transferring your music from the Platform without your knowledge or permission.
You agree that if a claim is brought against Ybann related to a User Content that you post, then, to the extent permissible under local law, you will indemnify and hold Ybann harmless from and against all damages, losses and expenses of any kind, including reasonable attorney fees and costs, arising out of such claim.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Ybann may, but has no obligation to monitor, review or edit any User Content and will not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Ybann does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinion expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ybann be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
In all cases, Ybann reserves the right to remove, block, disable or delete any User Content for any or no reason, without prior notification to you or any third party, if we feel the User Content has violated the Terms. Removing, blocking, deleting or disabling access to any User Content will be at our sole discretion.
You retain your rights to any Content you submit, post, upload or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Ybann a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed.
You agree that this license includes the right for Ybann to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Ybann for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. With your rights in mind, remember that you own your Content (and your photos are part of that Content) and you are liable for any and all content posted on Ybann. Such additional uses by Ybann, or other companies, organizations or individuals who partner with Ybann, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and any current or possible third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability and possible litigation from the third party for copyright infringement. In such case Ybann will not be responsible or liable for any use of your Content by Ybann in accordance with these Terms. You represent and warrant that you have all the rights; power and authority necessary to grant the rights granted herein to any Content that you submit.
You DO NOT have the right to:
a) copy, record, transfer or capture any audio Content from Ybann, other than adding to your playlist that is on the Platform;
b) copy, republish, import, adapt, transfer, share, distribute or make available or otherwise communicate to the public any Content that is not Your Content and/or any Content to which you do not have legal right to do so;
c) duplicate any Content (other than Your Content) found on Ybann Platform on to another Platform;
d) use any scraping techniques or similar techniques to collect, republish or make use of any Content on the Ybann Platform;
e) remove or alter any trademark, copyright or other proprietary marks (that is not Your Content) that appears on Ybann;
f) to copy or adapt or allow any third party to copy or adapt the object code of the Website, Apps or Services, or reverse engineer, disassemble, modify, decompile or attempt to discover any source or object code of this Platform;
g) give your password to another person or use another person’s username and password;
h) artificially increase your like, listen to, share count, promote content or otherwise manipulate the Services by using a script or other automated means;
i) post, store, transmit, distribute, promote, copy content that is offensive (ethnically, culturally, sexually, religiously), abusive, obscene, racist, pornographic, threatening, obscene, promotes violence, terrorism or illegal acts;
j) post, store, transmit, distribute, promote, copy content that includes malicious content such as malware, Trojan horse, virus, spyware, adware, bot, time bomb, worm or other harmful or malicious component that will disrupt, interfere or overburden the Platform and interfere with user’s access to the Service;
k) post, store, transmit, distribute, promote, copy content that does or is intended to harass or bully other users;
l) post, store, transmit, distribute, promote, copy content that is fraudulent, false, deceptive, misleading or misrepresents or impersonates your affiliation with another user or entity;
m) post, store, transmit, distribute, promote, copy content that is breaches, violates or is contrary to any law, rule, regulation, or court order;
n) post, store, transmit, distribute, promote, copy unsolicited mass mailing, junk mail, chain letters, spam, pyramid schemes, contests or similar;
o) post, store, transmit, distribute, promote, copy advertising, promotional messages, contests or any other form of solicitation that has not been expressly authorized by Ybann;
p) post, store, transmit, distribute, promote, copy links to, reference or otherwise promote commercial products or services that has not been expressly authorized by Ybann;
q) sell, rent, sublicense or lease any part of the Platform, Service or Content;
r) stalk, threaten, harass, exploit any user;
s) collect or attempt to collect personal data, or any other kind of information of other users, that is not made public at the decision of the user, through spidering or any form of scraping;
t) violate, circumvent, breach, interfere with, tamper with, attempt to probe, scan or test any data security measures, computer systems, network, authentication measures or any other protection measures in an attempt to access data or materials which are not intended for your use, or a server or account that you are not authorized to access.
You acknowledge and agree with the conditions as stated above. You also understand and agree that Ybann has the right to investigate and if applicable may report such matters to the appropriate law enforcement authorities for prosecution of any such violations. You also acknowledge and agree that any violations of the above conditions may result in the immediate termination or suspension of your account and this will be at the sole discretion of Ybann.
Ybann gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Ybann as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Ybann, in the manner permitted by these Terms. By uploading your Content onto the Platform, you are granting a limited, world-wide, non-exclusive, royalty-free, fully paid, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which your Content has been shared, displayed, copied and made available to the public. You acknowledge and agree that you are using the Content for personal, noncommercial, entertainment use and that you will not redistribute or transfer the Service or Content. This license will remain in effect until terminated by you or Ybann.
Ybann also uses third party integrations, applications, websites and services (“Third Party Applications”) in order to make content, services, and/or product available to you. You agree and understand that your use of these Third Party Applications are governed by and subject to the Third Party Applications’ own terms and conditions and privacy policies and that Ybann does not endorse or is responsible or liable for such features, content or behavior of any Third Party Applications.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Ybann and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and/or foreign countries. You do not have the right to use the Ybann name or any of the Ybann trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, ideas, or suggestions you may provide regarding Ybann, or the Services is entirely voluntary and nonconfidential and Ybann will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation, financial or otherwise, to you.
Ybann has the right to use the processor, bandwidth and storage hardware on your device in order to facilitate the operation of the service. Ybann may also provide advertising and other information to you via the Platform and/or your email that you used to register onto Ybann.
Ybann has no legal obligation to monitor the Content on the Platform. However, we reserve the right to delete, block, remove any Content and/or delete or suspend your account at any time without prior notification to you if we feel you have breach the Terms in any manner. We reserve the right to change, alter, modify, or replace these Terms of Service at any time without prior notice to you. It is your responsibility to check the Platform for the most current and updated Terms.
When registering for Ybann, you are required to provide to us your first and last name, email address, date of birth, gender and password. In your chrono/profile page, you have the option to provide additional information about yourself such as location, phone, education, work, relationship status and a profile photo. These additional information are not mandatory for you to continue to use the Platform and may be edited by you at any time.
Ybann will also be able to automatically collect the following information based on your use of the Platform:
We use your email and password to identify you when logging onto the platform, to respond to your inquiries and comments, provide technical support, send you updates and marketing materials that may of interest to you. We also use your information to continually update and improve the Platform.
You are aware you are on a public communication forum and any information you post on your profile page will be visible to other users on Ybann. Go to your privacy setting to limit who you will allow to post on your profile, send you email or message or see your date of birth. We may aggregate your data with other user data of the Platform in order to create statistical information regarding the Platform and its use, which we may share with third parties. These aggregated data will not contain information that would identify you individually. We will disclose your information if we are required by law, including a court order, subpoena or other legal demand or request.
Anyone under the age of 14 is not allowed to register or use Ybann. We do not knowingly collect any personal information from any person under the age of 14. If you have reason to believe that we may have collected personal data from a person under 14 years old, please contact us immediately and we will delete the information as soon as possible.
Ybann respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Ybann will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
P.O. Box 1658
Hawthorne, CA 90251
Ybann reserves the right to change features at any time for any reasons to the Services which may include withdrawing or introducing new features, products or types of account; to suspend or discontinue providing access to the Platform or any part thereof, temporarily or permanently at any time and for any reasons; or charge a fee for any new or current features or services. Ybann will make all attempts in good faith to notify you of any changes to services and/or account by your account or email that you have provided at time of registration. Your continued use of the account is an agreement and acceptance of the changes to Services and account.
The Terms of Services will continue to apply until terminated by either you or Ybann. You may end your legal agreement with Ybann at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Ybann when you stop using the Services. If you stop using the Services without deactivating your accounts, your account may be deactivated due to prolonged inactivity.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe you have violated these Terms of services, you create risk or possible legal exposure for us, or our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Once your account is terminated, any and all Content and activity that were on your account will be irretrievably deleted by Ybann. You should save or back up any material that you have uploaded to your account before terminating your account. Ybann assumes no liability for any material that has been irretrievably deleted after your account has been terminated.
Please read this section carefully since it limits the liability of Ybann and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Ybann Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis, without limiting the foregoing, to the maximum extent permitted under applicable law.
Ybann makes no warranty and disclaim all responsibility and liability for: the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You understand and agree that Ybann is not responsible or liable for any transaction between you and Third Party Providers of third party applications, services or products advertised on or through the Platform. No advice or information, whether oral or written, obtained from the Ybann Entities or through the Services, will create any warranty not expressly made herein.
Ybann may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ybann and Ybann is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ybann is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ybann of the site or any association with its operators.
Certain services made available via Ybann are delivered by third party sites and organizations and by using any product, service or functionality originating from the Ybann domain, you hereby acknowledge and consent that Ybann may share such information and data with any third party with whom Ybann has a contractual relationship to provide the requested product, service or functionality on behalf of users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YBANN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIATIRES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; ANY CONTENT OBTAINED FROM THE SERVICES; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE YBANN ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID YBANN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of Ybann to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms and our Privacy are the entire and exclusive agreement between Ybann and you regarding the Services (excluding any services for which you have a separate agreement with Ybann that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Ybann and you regarding the Services. Other than members of the group of companies of which Ybann, LLC is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time; the most current version will always be available on Ybann.com. We will notify you of the revisions, at our sole discretion, via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Ybann, LLC. If you have any questions about these Terms, please contact us via email through the platform or via mail at:
Attn: Copyright Agent
P.O. Box 1658
Hawthorne, CA 90251
Effective: January 22, 2016