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Terms and Conditions

INTRODUCTION
Welcome to the internet site of YOYO Lip Gloss. YOYO Lip Gloss from this point forward is "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANYTHING ON THE YOYO LIP GLOSS SITE. By using or doing anything on the YOYO Lip Gloss site you are agreeing to all of these terms. If you do not agree to these terms, do not use the YOYO Lip Gloss site.

Certain terms apply to contests, sweepstakes, or activities on the YOYO Lip Gloss site. These terms are posted with that specific event. Any terms in addition to the terms of use, supersede the terms of use where there is a discrepancy.

You acknowledge that these terms of use are both reasonable and rational. You know and understand that with your use of the YOYO Lip Gloss site, there is the possibility of our use or display of any of the data or information you give on YOYO Lip Gloss' site and you understand that there is always the possibility of the publicity and promotion from our use or display of your data and/or information.


USE OF CONTENT
Everything noted on the YOYO Lip Gloss site including all data and information that you provide and all contained on the YOYO Lip Gloss site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks are proprietary to us and/or our licensors or licensees. We reserve the right to change and remove anything for any or no reason to the YOYO Lip Gloss site.

Any business use, "re-mailing" or high-volume or automated use of the YOYO Lip Gloss site is prohibited.

If you ever download any software that we offer on the YOYO Lip Gloss site, it is understood that these downloads are for your personal home use only and not for any other use whatsoever. The title is not transferred to you for any software that you download. Under no circumstances whatsoever are you allowed to exploit the software, reverse engineer, disassemble or any other readable form for any reason.

DATA AND INFORMATION

Texts, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual, sound recordings, characters, all names, likenesses, voices, usernames, profiles, actions, appearances, other biographical information, material, similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the YOYO Lip Gloss site are considered "data" or "information".

There are two types of Submissions: Requested Submissions and Volunteered Submissions. "Requested Submissions" means those Submissions (a) that we request of the public or enable you to provide to us via any opportunity on the YOYO Lip Gloss site for our review or display and possible prizes or other games, sweepstakes, contests and promotions; and (b) that you post on the YOYO Lip Gloss site such as in our Public Forums. "Volunteered Submissions" are any and all Submissions that do not fall within (a) or (b) of this paragraph.

THERE IS NO IMPLIED CONTRACT WITH VOLUNTEERED SUBMISSIONS.

We are requesting that you not give out any Volunteered Submission. You completely understand that the only agreement between you and the YOYO Lip Gloss site is for reasonable confidentiality noted in this terms of use with regards to any Submission made and nothing further is expected nor agreed upon. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.


LICENSES AND REPRESENTATIONS
You hereby grant us and anyone affiliated with YOYO Lip Gloss in any and all capacities, to use in any way they so choose, any Submission for the YOYO Lip Gloss without the requirement of any permission from or payment to you or any other person or entity. .

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (see our "RULES OF CONDUCT") and other requirements of these terms of use and that you own or have the necessary consents, permissions, rights, and licenses, without the need for any permission or payment to any other person or entity, to exploit, and to authorize us to exploit, including the Submissions License. These terms of use including the Submissions License do not limit or include any past or future grant or agreement of any rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions with you or any party.

If any Submission you submit to or through the YOYO Lip Gloss site contain original songs or recordings, it is understood that all musical compositions including lyrics and sound recordings contained in such Submissions are available for licensing to us and anyone associated and affiliated with YOYO Lip Gloss in any and all capacities. You also grant the Submissions License of each and every musical composition including lyrics and sound recordings contained in such Submissions to us.

Effective as soon as you make your submission, you appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to perform the rights, consents, agreements, assignments and waivers set forth in these terms of use.

ACCOUNTS

Certain pages on the YOYO Lip Gloss site offer you the opportunity to create an account, to participate or to secure additional information. You agree to give us to the best of your ability true information about yourself with each prompt offered. Under no circumstances are you to give false information of any sort or kind. Notify us immediately if you are aware of any suspicious data in regards to the YOYO Lip Gloss site at at yoyolipgloss@aol.com. It is imperative that you exit from your account when you leave each session when you visit the YOYO Lip Gloss site preventing anyone from obtaining your personal information while your account is left open.

We maintain the right to suspend or terminate your account or restrict your use of the YOYO Lip Gloss site if you do not coply with these terms of use for any reason we deem necessary.

PUBLIC FORUMS AND COMMUNICATION

A Public Forum is a place offered on the YOYO Lip Gloss site as for the public to share their views, opinions, chat, message, instant message, blog, email, send greeting cards, etc. to maintain contact between users.

In using the Public Forum you understand that it is for public display and will have no privacy. We cannot guarantee security of personal information and do not recommend disclosing such information in that setting. Therefore this is done at your own risk. We do not accept the responsibility of monitoring the Public Forum and trust that you understand the consequences of submitting and posting in that setting. You are responsible for the Submissions made on your username.

The views, opinions and comments voiced in the Public Forum are solely of the users noted in that Forum and are not necessarily that of YOYO Lip Gloss. We do not endorse, support or commend nor to we condemn defame or tear down anything noted in that Public Forum. We disclaim any and all liability associated with any Public Forum on the YOYO Lip Gloss site or in connection to it.

We reserve the right to modify the Public Forum as we see fit without any obligation.


RULES OF CONDUCT
The following Rules of Conduct apply to the YOYO Lip Gloss site. By using the YOYO Lip Gloss site, you agree that you will not distribute any Submission that:

(a) is not abusive or defamatory, or desiring to cause harm to another; (b) is racist in any way; (c) is sexually explicit, violent, obtains obscenities, is vulgar, or is pornographic
is illegal in any way or encourages illegal activity. ex. Has participants that shows, encourages, or engages in illegal activity of any sort or kind;
goes against the rights of any third party, distributing another person's information without their permission or confidentiality.
solicits under any and all circumstances whether for or non for profit;
would impair our computer devices or the YOYO Lip Gloss site including viruses, etc.
does not pertain to the subject noted including the age audience of the YOYO Lip Gloss site.
We cannot guarantee that all users at all times will adhere to the above Rules of Conduct. So you must assume the risk of using the YOYO Lip Gloss site accordingly.


COOPERATION; REMOVAL OF SUBMISSIONS
We will at any time where necessary remove any Submission from the YOYO Lip Gloss site that does not comply with the Rules of Conduct. We do refuse to post to other users the information of the user of that Submission. We will facilitate law enforcement officials where necessary when such information is necessary and release personal information of users, for example, with compliance with a court order or subpoena. We also can remove any Submission without warning and for any reason or no reason as we so choose.


CONTENT ACCESSIBLE THROUGH LINKS FROM THE YOYO LIP GLOSS SITE AND SEARCH RESULTS
As you may notice, there are banners on the YOYO Lip Gloss site that when you click on them will take you out of our site. Please note that when you do click on this banners, you are then no longer within our sphere of maintenance. Therefore our rules and regulations no longer apply. We cannot be held responsible for the products, policies, rules, regulations,etc. of the sites that those banners take you too in their entirety. We do not support them in any way and encourage you to investigate, enter them and participate at your own risk.


DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE YOYO LIP GLOSS SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE YOYO LIP GLOSS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE YOYO LIP GLOSS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on the YOYO Lip Gloss site is strictly at your own risk.

The YOYO Lip Gloss site may contain the opinions and views of other users. Given the interactive nature of this site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The content of the YOYO Lip Gloss site is intended for entertainment purposes.


INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the YOYO Lip Gloss site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE YOYO LIP GLOSS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YOYO LIP GLOSS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE NATURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE YOYO LIP GLOSS SITE OR CHANGE THE YOYO LIP GLOSS SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these terms of use or the YOYO Lip Gloss shall be filed, and that venue properly lies, only in New York state or federal courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the YOYO Lip Gloss site is appropriate or available for use in any particular location. Those who choose to access the YOYO Lip Gloss site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.


AMENDMENT
If we make any changes to this Terms of Use, we will notify you by sending you an email at the last email address that you make us aware of or by posting our amendment on the YOYO Lip Gloss site. You are responsible for updating your email address. If your last email address is incorrect, our sent email to that incorrect email address will be deemed sufficient.


GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.