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YoBoHo New Media Pvt. Ltd.
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Yoboho New Media Inc (“Yoboho”) is a content creator. Yoboho is the owner and operator of the website and appHooplakidzand disseminates content through the said website and/or its app (“Services”).
This is a contract between you (“You”) and Yoboho and/or its affiliates. These terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements. You agree that by registering, accessing or using Services, you are agreeing to enter into a legally binding contract with Yoboho. Use of Services is available only to persons who can form a legally binding contract and for persons who are 18 years of age or older.
Yoboho may amend these terms at Yoboho’s 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.
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, SMS, phone call or by posting notices on this site or through the other Yoboho Services.
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. You agree that Yoboho owns all rights to the code, databases, visual-design and layout of the Service. 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. 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 Yoboho 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.
Yoboho claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
If 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, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal use only.
You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) 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 any Yoboho 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.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Yoboho, is responsible for all electronic communications and content sent from Your computer to us and You must use the website for lawful purposes only. You are responsible for all Content posted and activity that occurs under your name on the Service. You must not use the website for any of the following:
THE YOBOHO SERVICES AND THE INFORMATION PROVIDED THERE ARE PROVIDED ON AN “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 DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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.
YOBOHO ADVISES USERS TO CHECK WITH EXPERTS BEFORE TAKING ANY DECISIONS BASIS THE VIEWS AND INFORMATION PROVIDED ON THE SERVICES.
YOBOHO IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR REPRESENTATIONS ON ANY OF OUR PAGES OR ON ANY LINKS ON ANY OF OUR PAGES. YOBOHO ESPECIALLY STATES THAT IT HAS NO LIABILITY WHATSOEVER TO ANY USER ON ACCOUNT OF THE USE OF INFORMATION PROVIDED ON ITS WEBSITE. MEER PLEASE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING ANY ALLIANCE OR PRIOR TO TAKING ANY ACTIONS ON SUCH STEPS.
WE ENCOURAGE ALL USERS TO USE THE INFORMATION ON THE SITE AS A RESOURCE ONLY TO FURTHER THEIR OWN RESEARCH ON ALL FEATURED SUBJECT MATTER AND INFORMATION PROVIDED ON THE SITE. NOTHING PUBLISHED ON THIS SITE SHOULD BE CONSIDERED AS ADVICE.
IF YOU ARE DISSATISFIED WITH YOBOHO SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING YOBOHO SERVICES.
Yoboho Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such 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, they shall be a third-party to this contract. However, these third-parties 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 terms of service.
User Generated Content
The Yoboho Services allow You to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”). 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.
You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions. Yoboho reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use.
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.
You acknowledge and undertake that you are accessing the services on the website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our website.
Choice of Law
You waive any claims that You might have against Yoboho based on any other jurisdiction including your own, except for the jurisdiction in which Yoboho New Media Inc is incorporated in.
Access to the website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
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.
If you have any questions regarding this Terms of Service please contact us at hitendra@yoboho.com.
Yoboho New Media Inc(“Yoboho”) is a content creator. Yobohois the owner and operator of the website and appHooplaKidz Plus and disseminates content through the said website and/or its app (“Services”).
Our privacy policy is designed to provide greater transparency into our privacy practices and principles while processing your personal information.
Effective Date: 1st February 2019
This privacy policy describes the treatment of certain Personal Information provided by you or collected by us on the website where this privacy policy is posted.
By using our Services, you are hereby consenting to collection of your information by us. The information in some cases may include Personal Information and Sensitive Personal Information. You will be required to click on the box below, confirming your acceptance of this Privacy Policy. By accepting this Privacy Policy, you are representing that you are eighteen (18) years of age or above.
We process certain Information because it is necessary for us to be able to provide and administer the Service and its features. We also process certain Information to comply with certain statutory requirements.
Such data is processed based on your consent. To the extent that processing is carried out on the basis of consent, it is for you to give such a consent and you may at any time, wholly or partly, withdraw your consent. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.
We collect the following information as and when you access and use the Services as set out below:
We collect the following information as and when you access and use the Services as set out below:
We collect the following information as and when you access and use the Services as set out below:
While using the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information on to the Services that:
You can control your choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:
In case you have any questions regarding how we process your Personal Information, want to exercise any of your rights or want to know more about the rights, you may contact us as indicated below.
E-mail address: hitendra@yoboho.com
If you do not want us to process your Personal Information for direct marketing, you can give written notice thereof to us. In each newsletter, you will also be informed that you can opt out of receiving further newsletters.
You are also entitled to lodge a complaint with a supervisory authority if you consider that your Personal Information has been processed in contradiction with applicable data protection legislation.
You may exercise your controls and choices, or request access to your Personal Information, by contacting the aforesaid person, or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific personal information about you that we process or retain, please contact our grievance office mentioned herein
We will keep Personal Information regarding you only as long as it is necessary, having regard to the purpose of the processing. This means that Personal Information collected and processed will be stored for as long as required to render the Services deletedunless you have given usyour voluntary consent to continue to process such data.
The security, integrity and confidentiality of your Personal Information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide services to you or in order to do their jobs.
However, we may be required to share the aforesaid Personal Information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for us to disclose your information, if so required under the applicable law.
We operate globally and may transfer your Personal Information and Sensitive Personal Information to third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. By accepting this Privacy Policy, you hereby explicitly provide your consent and grant us the right to transfer your Personal Information and Sensitive Personal Information to third parties.
From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We shall provide notice to you through the contact details provided to us by you. Please note that in the event you fail to accept our revised Privacy Policy intimating the revisions to the privacy policy, your access to the Services shall be suspended till such time you accept the revisions of the privacy policy.
Yoboho New Media Inc is the data controller for the processing of your Personal Information handled by us. If you have any concerns about privacy or grievances regarding the Services, please contact us with a thorough description and we will try to resolve the issue for you.
Contact Information
Name: Mr. Hitendra Merchant
Email: hitendra@yoboho.com
If you have a comment or question about this privacy policy, please contact us at the aforesaid address. Our Services may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our Services and to read the privacy policies of other sites that may collect your personal information.
Definitions
Anonymous Information. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual guest.
IP address. An IP address is associated with the access point through which you enter the Internet and is typically controlled by your Internet Service Provider (ISP), your company, or your university. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of our products hosting our Services, and we may combine IP addresses with personal information.
Notice. Notice may be by email to you at the last email address you provided us, by posting notice of such changes in our Services, or by other means, consistent with applicable law.
Personal information. Personal information means and includes information that identifies (whether directly or indirectly) and Sensitive Personal Information of a person by reference to an identifier such as a name, an identification number, location data or an online identifier to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such person. When anonymous information is directly or indirectly associated with personal information, this anonymous information also is treated as personal information.
Public Forums. Our Services may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.
Sensitive Personal Information. Sensitive Personal Information shall have the meaning ascribed to it under the applicable law and is presently defined to mean such personal information which consists of information relating to (i) passwords; (ii) financial information such as bank accounts or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health conditions; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise; provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2000 or any other law for the time being in force shall not be regarded as sensitive personal information.
