Effective Date: 1st July, 2014
Yoboho is pleased to provide to you its sites, software, applications, content, games, ring tones, data, design, text, images, photographs, illustrations, audio-clips, video-clips, audio visual content, artwork, graphic material or other elements and the selection and arrangement of all such elements and products and services("Yoboho Services"), which may be branded HooplaKidz, or any other brand owned or licensed by Yohobo New Media Private Limited. These terms govern your use and our provision of the Yoboho Services on which these terms are posted,as well as Yoboho Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Yoboho Services.PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE YOBOHO SERVICES.
1. Contract between You and Us
This is a contract between you ("You") and Yoboho New Media Private Limited, a company incorporated under the laws of Companies Act 1956 having its registered office at161, Starcity Cinema, Manmala Tank Road, Mahim (W), Mumbai 400016, India ("Yoboho")or between You and the service provider identified for a particular Yoboho Service, if different. You must read and agree to these terms before using the Yoboho Services. If You do not agree, You should not use the Yoboho Services.These terms describe the limited basis on which the Yoboho Services are available and supersede prior agreements or arrangements.
Use of Yoboho Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may use Yoboho Services only with the consent of a Parent (defined hereinafter).
Supplemental terms and conditions may apply to some Yoboho Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Yoboho Services. Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity. Any supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms.
We may amend these terms at our sole discretion and make best efforts to notify You when major changes are made.Your continued use of Yoboho Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms.Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You.
2. The Yoboho Services
The Yoboho Services are for Your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Yoboho Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Yoboho Services are owned by us or our licensors or licensees or any affiliate companies. Except as we specifically agree in writing, no element of the Yoboho Services may be used or exploited in any way other than as part of the Yoboho Services offered to You. You may own the physical media on which elements of the Yoboho Services are delivered to You, but we retain full and complete ownership of the Yoboho Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the Yoboho Services to You. Nothing provided by any brand owned or licensed by Yohobo should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Yoboho Services without the written permission of Yoboho.
Content and Software License
If a Yoboho Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal, noncommercial use only.
You agree not to copy, reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate any material and/or part of or all of the Yoboho Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Yoboho.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Yoboho Service; decompile, reverse engineer, disassemble or otherwise reduce any Yoboho Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use anyYoboho Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Yoboho Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE YOBOHO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. .
UNLESS OTHERWISE SPECIFIED, YOBOHO SERVICES ARE PRESENTED SOLELY FOR THE PURPOSE OF ENTERTAINMENT AND INFORMATIONAL PROGRAMS AND FOR OTHER SIMILAR PURPOSES IN INDIA. YOBOHO MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
Additional Restrictions on Use of the Yoboho Services
We do not allow Your use of the Yoboho Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You may not submit posts intended to promote and/or generate revenue for yourself and/or any third party business activity.You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Yoboho Service or connected network,or interfere with any person or entity's use or enjoyment of any Yoboho Service. You agree not touse any software or device that allows automated game play, expedited game play, or other manipulation of game play or game client and You agree not to cheat or otherwise modify aYoboho Service or game experience to create an advantage for one user over another.Additionally, You agree not to access, monitor or copy any element of the Yoboho Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Yoboho servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Yoboho grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Yoboho reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by Yoboho (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Yoboho Service with respect to their Content.
Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements generated by third parties on thissite does not constitute endorsement by Yoboho and/or its affiliate companies of the opinions or views expressed by such third parties' websites. Yoboho does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore Yoboho is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties' sites. As such, Yoboho will not be responsible for content provided on any third party website, and further Yoboho will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.
Third-Party Services and Content
If You access a Yoboho Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc.,Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract.However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Yoboho Services. You agree that Your access to the Yoboho Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
When You access the Yoboho Services through a mobile network, Your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Yoboho Services may be prohibited or restricted by Your network provider and not all Yoboho Services may work with Your network provider or device.
3. Your Content and Account
User Generated Content
The Yoboho Services may allow You to communicate,submit,upload or otherwise make available text, images, audio, video, competition entries or other content ("User Generated Content"),which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to Your User Generated Content; however, You grant us a non-exclusive, sublicensable, irrevocable perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit, commercially or otherwise, such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Yoboho Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity.
To the extent that we authorize You to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant You a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon Your assignment to us of all rights in the work You create. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Yoboho Service,at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms,without prior notice to You. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Yoboho Services permit or require You to create an account to participate or to secure additional benefits. Such an account may be created You if You are above eighteen (18) years of age or by Your by father or mother whether biological, adoptive or step father or step mother and includes a legal guardian ("Parent") on Your behalf. You agree to provide and maintain accurate, current and complete information, including Your contact information for notices and other communications from us and Your payment information. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another peron's username, password or other account information, or another person's name or likeness, or provide false details of a Parent. You agree that we may take steps to verify the accuracy of information You provide, including contact information for a Parent. You may never use another's account without permission.
You undertake not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content, stalk or otherwise harass another person or user, upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships, upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party or violate any applicable national or international laws or regulations.
As a Yoboho account holder You may submit content to the Service, including videos and user comments. You understand that Yoboho does not guarantee any confidentiality with respect to any content You submit.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate Your account and Your ability to use the Yoboho Services if You engage in, encourage or advocate for illegal conduct, or if You fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You agree to promptly notify us of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the Yoboho Services.
Although Yoboho will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of YouTube or others due to such unauthorized use.
The security, integrity and confidentiality of Your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification.
When You use any Yoboho Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site or through the other Yoboho Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
4. Paid Transactions
Identity of Seller
Sales are made by Yoboho or the seller identified at the time of sale, if different. If You have questions about Your order, please contact the seller at the address provided and they will assist You. Some storefronts on the Yoboho Services are operated by third parties and, in that case, different or additional sale terms may apply, which You should read when they are presented to You.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Yoboho Services for You to license for a one-time fee. When purchasing a license to access such material from a Yoboho Service, charges will be disclosed to You on the Yoboho Service before You complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Yoboho Services. Virtual items (including characters and character names) or in-game currency purchased or available to You in the Yoboho Services can only be used in connection with the Yoboho Services where You obtained them or where they were developed by You as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Yoboho Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Some Yoboho Services require paid subscriptions to access. By signing up for a subscription, You agree that Your subscription will be automatically renewed. We will notify You prior to each auto-renewal and unless You cancel Your subscription, You authorize us to charge Your payment method for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify You of a rate change prior to Your auto-renewal.You must cancel Your subscription in accordance with the cancellation procedures disclosed to You for the particular Yoboho Service. We will not refund fees that may have accrued to Your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a Yoboho Service. If You register for a free trial subscription, we will begin to bill Your account when the free trial subscription expires, unless You cancel Your subscription before that time.
The Order Process
You will have the opportunity to review and confirm Your order, including delivery address (if applicable), payment method and product details. We will send to You a notice when we accept Your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to You at the time we send the notice. At such time, the contract for sale will be made and become binding on both You and us. The risk of loss in any goods You purchase and the responsibility to insure them passes to You when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in Your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact You if any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after we have processed Your payment but prior to delivery, we will refund Your payment.
Payments and Billing When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If You use a payment method other than a credit card, You may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
Right of Cancellation When You subscribe to a Yoboho Service, You have the right to withdraw from Your contract within fourteen (14) days after Your receipt and acceptance of these terms and You will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, You will receive a refund of the subscription fees paid, but will still be obligated to pay other charges incurred. Notices of withdrawal or cancellation must be in writing and delivered to the address provided in connection with the relevant Yoboho Service.
All license purchase fees are non-refundable. When purchasing a license to access digital content or virtual items, You agree that You are not entitled to a cancellation or cooling-off period and that the license purchase becomes final when You receive delivery of or otherwise access such content.
Right of Return You have the right, within thirty (30) days from the date of Your receipt of the relevant goods, to cancel our contract with You and return the goods. Customers need to notify Yoboho of any damage or defect within 48 hours from the date of receipt of delivery of the products, in case customer fails to inform Yoboho within the stipulated time frame, Yoboho reserves the right to accept or reject such request at its discretion.
This right will be available to You only in cases of manufacturing defects and transport damages and is invalid in cases of damages due to normal wear and tear and negligence occurred at Your end. Further, This right does not apply to digital content, virtual items or products stated by us on the Yoboho Services to be non-returnable, including audio and video recordings, computer software, and CD's, DVD's or other physical media that have been unsealed.
In order to offer a hassle free replacement service, it is required to get the product condition checked before sending out the replacement unit. Hence, the Company needs to acquire the defective/damage product before processing replacement or a refund. Notwithstanding anything stated above, Yoboho may issue a refund for the relevant goods instead of a return.
Personalized Goods Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once You have submitted Your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause Your order to be cancelled and any payment refunded.
Pricing; Taxes We may revise the pricing for products and services we offer. If You pay a periodic subscription fee for a Yoboho Service, we will provide You with reasonable notice of changes to the fees or billing methods in advance of their effective date and You will be able to cancel Your subscription prior to such change.When You place Your order, we estimate the tax and include that estimate in the total for Your convenience. The actual tax amount that will be applied to Your order and charged to Your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
International Shipping; Customs It is provided that certain good may not be available for International Shipping or the said service may not be available in a particular country. Check the product description for further details.
When ordering goods for delivery to countries other than the country where the seller is located, You may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by You.For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Competitions that You enter on a Yoboho Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Entries Your competition entry is User Generated Content and subject to all provisions of these terms that govern Your submission and our use of Your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically.If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
Eligibility To enter a competition, You must be a citizen of India, a registered user of the Yoboho Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve Your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition.If You are under the age of eighteen (18)(or the age of majority under applicable law) and the competition is open to You, we may need Your Parent's permission before we can accept Your entry.We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person.Competitions are void where prohibited or restricted by law.Potential winners may be required to answer a mathematical test or a skill based questionnaire in order to be eligible to win a prize. [Please confirm the details.]
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners.Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded.Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use Your name, town or city and state, province or country, likeness, prize information and statements by You about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their Parents) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
In case of any dispute or difference in respect of any competition organized by Yoboho, the decision of Yoboho shall be final and binding on all the parties concerned. Every reasonable effort will be made to contact the winner. If a winner cannot be contacted within 5 (five) business days of the date of the selection of the winner, the Prize will revert to Yoboho and may be awarded to another entrant with eligible entry at Yoboho's absolute discretion.
6. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything You submit to us – whether or not solicited by us – You agree that creative ideas, suggestions or other materials You submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated address: Yoboho New Media Private Limited.
Choice of Law
These terms are governed by and construed in accordance with the laws of Republic of India.Binding Arbitration [Note – Please confirm]
Yoboho and You agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between You and us concerning the Yoboho Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a Dispute, You or Yoboho must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Yoboho Entertainment Private Limited, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to You at the contact information we have for You.
Severability If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver No waiver of any provision of these terms 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 shall not constitute a waiver of such right or provision.
Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Yoboho without restriction.
Force Majeure Yoboho's performance of its obligations under this Contract will be suspended for so long as Yoboho is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of Yoboho and which events could not have been reasonably foreseen or anticipated by Yoboho upon the exercise of due care and diligence, including but not limited to Yoboho Services' operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Yoboho), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Yoboho Services beyond Yoboho's control.