Yondo Terms and Conditions
By accessing the Yondo Service (“Yondo” , “Yondo Inc” or “We/we” or “Our/our” or “Us/us”) through our (“Website”) or any other interface that we may provide in the future such as mobile phone applications, immediately and from your very first access of the Yondo Services, you unconditionally and irrevocably agree to be bound by the Website Terms and Conditions of the Yondo Service (“Terms”), all applicable laws and/or regulations and you agree that you are responsible for this compliance.
We may, from time to time, also have other terms that will be presented to you when you are using the Yondo Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Terms.
Throughout this document, the following terms have the following meaning:
Eligibility and Registration
To be eligible for registration and use of the Services you must:
Content Posting Policy
Our Website is a share platform for Users to Post videos, content and information as well as per form live 1-to-1 video sessions, webinars, classes and courses. Users can use our plugins and post User owned websites or use our pages. We take care in providing the best customer service. We believe Users should be free to create and share their Content however this is only to the extent of Content that is not sexual explicitly or pornographic in nature. We expect you to follow our Content Posting Policy when you post content and communicate with our users.
When posting Content and otherwise communicating with users please follow these basics:
Yondo reserves the right to:
If you become aware that someone has rated or posted feedback or testimonials to another member using your account, you should notify us at [email protected] by providing evidence to support your claim. We will review and investigate your claim. Upon investigation of your claim, we take any necessary legal actions as well as impose penalties to a person who have violated consumer protection laws and/or our Terms and Conditions.
Website Posting Revenue
Users retain 100% of the revenue less any credit card or payment processing fees. These may include payment gateways such as PayPal or Stripe.
Payment of Fees
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Yondo will charge applicable Fees to the credit card account that you authorize and Yondo will continue to charge the credit card (or any updated or replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
Pursuant to these Terms, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
You will pay the Fees applicable to your subscription to our Services and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account and any fees relating to your purchase of any products or services including but not limited to equipment, shipping, apps, themes, domain names or third party services. Transaction fees may be applicable through relevant payment gateways. Together, the Fees, transaction fees and the additional fees are referred to as the “Fees” as defined at the start of these Terms.
Fees are paid in advance and will be billed in monthly intervals on the anniversary of the account start date for monthly plans and annually for annual plans billed annually on the anniversary of the account start date. Transaction Fees, bandwidth fees and additional fees will be charged from time to time at Yondo’s discretion. You will be charged on each billing date for all outstanding Fees that have not previously been charged.
Fees will appear on an invoice, which will be sent to the account owner via your email provided. An invoice will also appear on the account page of your Yondo dashboard. Any opinion of discrepancy needs to be communicated in writing to us within fourteen days.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future. All Fees are non-refundable.
If you are a resident of Australia, you are responsible for all applicable taxes that arise from or as a result of your subscription to or purchase of Yondo’s Services. These taxes are based on the rates applicable to the Australian billing address you provide to us. Such amounts are in addition to the Fees for such Services and will be billed to your authorized card. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., taxes may apply to your subscription to Yondo’s Services. Any applicable taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable taxable offerings. Such amounts are in addition to the Fees for the taxable offerings and will be billed to your authorized card. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of the U.S. or Australia, and not subject to Australian Goods and Services Tax/Harmonized Sales Tax (GST) in respect of your subscription to or purchase of Yondo’s Services, you must provide us with a statement by email to [email protected] stating that:
Bandwidth is the data that gets passed to a viewer when they watch a video. So, every time someone presses play on your videos, data gets passed from our servers to their browsers, which is counted as bandwidth.
But just pressing play isn't the only way to use bandwidth. Other things count toward your monthly bandwidth usage too—like the player and thumbnail image loading, the video being loaded and played as your own internal views.
As part of the Service we offer three great plans with different bandwidth allotments:
Before you exceed your allotted bandwidth, we'll send you a few email alerts letting you know you're approaching your plan allotment, and also the projected bandwidth total. We do not charge a penalty rate for extra bandwidth (like you might find with a cell phone bill). You have the option to upgrade to a plan with a higher bandwidth, or you will be charged a pay as you go fee, which starts at $0.33/GB. Each plan comes with a preset bandwidth limit per month.
All pricing expressed is in US Dollars. Payment accepted via Stripe, Visa, MasterCard or American Express paid on purchase except enterprise plans which may be invoiced on thirty (30) day terms. Users can charge their customers via Stripe or PayPal as the payment gateway however no responsibility is taken for third party fees or transaction costs.
We offer all Users a 14 day free trial and a 7 day money back guarantee. The money back guarantee starts the day you select a plan and enter payment details. The money back guarantee only applies to our standard plans (Starter, Professional and Premium plans) and is not inclusive of a Platform and Enterprise plans, additional services or customization charges.
Cancellation and Termination
You may cancel your account at anytime by emailing [email protected] and then following the specific instructions indicated to you in our response.
Upon termination of the Services by either party for any reason:
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. We reserve the right to modify or terminate the Yondo Service or your account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Yondo may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
Our Service provides the User with the option to automatically integrate with third party software applications including but not limited to Google Analytics, Drop Box and MailChimp. These third parties may have their own terms which Users need to understand and we take no responsibility for the uptime and performance of such third party applications.
Users can use our custom integrations on their own websites and custom WordPress templates. In line with these Terms we take no responsibility for the uptime, passwords or performance of such third party applications.
User are also provided with a video upload service where a hard drive is dispatch with a return self-addressed envelop. This can be used by User with large Content or video files to upload. We then upload the Content for the Users along with any images or text. It is the Users responsibility to ensure the hard drives are posted correctly and we do not take any responsibility for loss of User Content.
User Personal Data
This information may be collected throughout the registration and login processes.
Additional information may also be collected once you are logged on to the Website and not just during registration and login processes. The personal data we collect include, but not limited to:
To the extent of these Terms a User’s Content will always be public and Users should consider this when using the Yondo Service. In connection with your use of the Yondo Services, we may, from time to time, send you service announcements, administrative messages and other information. You may opt out of some of those communications by emailing [email protected]
Except for your first name, last name and geographical location, Yondo statistics and the contact you create, share and/or post, Yondo will keep the rest of your personal data private and will use reasonable endeavors to not share it with anyone; unless you decide to make your sensitive data (such as, but not limited to, private details and personal references) public.
User’s Obligations and the Yondo rules
We will use our reasonable endeavors to maintain Yondo as a safe, fair and informative website. All Users of the Yondo Service irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:
Further, all Users agree that they will not engage in any of the following conduct:
We reserve the right to suspend or stop providing the Yondo Service to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct. You have the right to appeal any decision at our discretion.
Registration and Account Security
All Users agree to and will submit to and abide the following obligations when they register and maintain an account with the Yondo Service:
Any actions made with your account are deemed to be carried out by you. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or username is used by someone else unless this is due to our negligence.
If you become aware of any unauthorized or potential unauthorized use of your password and/or account, please contact us at [email protected] Whilst we exercise reasonable endeavors to protect the security of your account, we do not accept any liability for any loss and/or damage from the unauthorized access of your account by a third party.
Users Outside of the USA
Pursuant to these Terms, our servers are located in the USA and backed up in a number of overseas locations. All Users consent to having their information transferred and processed in the USA and other locations as needed to provide these Services.
Our Content and Intellectual Property
All content on the Yondo Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by Yondo and its affiliate businesses and/or companies. This content includes, but is not limited to, our text, information, graphics and videos.
An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes.
Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the Yondo Service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of Yondo. To obtain such permission please contact [email protected] Nothing that you do on the Yondo Service will transfer or assign to you any of the copyright in our content on the Yondo Service.
Any Branding, trademarks, service marks and/or logos used on the Yondo Service unless expressly stated otherwise, are owned by Yondo and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).
By submitting, posting or displaying your content or any other post (“Post”) on the Website, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such Content. This license continues even if you stop using our Website. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Website.
You agree that this license includes the right for Yondo to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use.
You understand that when you publish content as public it can be seen by everyone. When you delete your content you understand that backups and data may still be kept and collected by us. Any feedback or surveys given are given without obligation of compensation to you. Mutually we hold no obligation that you give such information.
When you create an account with Yondo, you warrant that in regards to the content you submit through your profile that this content will not expose Yondo to any civil or criminal liability in this regard;
and you agree to indemnify Yondo for any breach of the above warranties.
User breach of the Terms
If you violate the letter or spirit of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Yondo Services in all or part of Yondo to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.
Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.
Third Party rights, information and content
This Website may contain links to sites operated by parties other than Yondo. Such links are provided for your reference only and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Yondo of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
Yondo has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:
The Yondo Service may display content that it does not own, and where this is the case this content is the sole responsibility of the entity that makes it available.
Third Party Commissions and Full Disclosure
This Website may contain links to sites operated by parties other than Yondo. Such links and activities may lead to third party commissions being paid to Yondo. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of products offered or made available to you via the Website, or that are otherwise offered or made available to you by or on behalf of us. Yondo believe in transparency and full disclosure. If you believe you need further information please contact [email protected]
No Warranty, Limitation of Liability
Use of the Website is at the User’s own risk. To the extent permissible by law, Yondo does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Yondo Service or any information and/or content available on or from the Website.
To the extent permitted by law, the total liability of Yondo and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Yondo Service.
To the extent permitted by law, Yondo and its employees, agents and consultants exclude all liability for any loss or damage (including but not limited to indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Yondo Service, whether or not caused by any negligent act and/or omission. If any law prohibits the exclusion of such liability, Yondo limits its liability to the extent permitted by law, to the resupply of the Information.
Limitation of Liability
To the maximum extent permitted by law, you agree to indemnify us and protect us from any loss or damage suffered by you from any use by you of the Yondo Service, to include loss or corruption of personal information or data.
We are not in any way responsible to you or any person for any loss suffered in connection with the use of the Yondo Service or any of the content of the Yondo Service for personal, business or other use. Yondo shall not be liable for any damages including but not limited to 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:
Should any liability arise, in no event shall Yondo aggregate liability for all claims relating to use of the Yondo Service exceed ten American Dollars (USD $10.00).
If any guarantee is implied by statute and cannot be excluded, and Yondo is able to limit your remedy for a breach of such a guarantee, then, to the extent permissible by law, the liability of Yondo for breach of the condition or warranty is limited to one or more of the following at the Yondo’ option:
subject of course to the Yondo obligations under the implied guarantees referred to in the paragraph above subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
Applicable Law /Jurisdiction
The Yondo Service (excluding any linked third party sites or services) is owned and controlled by Yondo from its offices in Los Angeles, USA and Queensland, Australia. The Yondo Service and its Website is hosted on a servers in the USA and Australia and is governed by the laws in the State of Queensland, Australia. By accessing the Yondo Service, you accept that any disputes about the Yondo Service or its contents are to be determined by the courts having jurisdiction in Queensland in accordance with the laws in force in Queensland (except any principle of conflict of laws inconsistent with this requirement). The Yondo Service may be accessed throughout Australia and overseas. Yondo makes no representation that the Yondo Service complies with laws (including intellectual property laws) of any country outside Australia. If you are accessing the Yondo Service outside of Australia, you do so accepting that you are responsible for ensuring compliance with all laws and regulations in the place where you are located and that you are responsible for any breaches of law that occur. The terms of this document apply notwithstanding any other material, terms or conditions elsewhere on the Yondo Service.
You accept that this agreement for the Yondo Services is personal to you and you agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we, in our absolute discretion, think, with good reason, is acting with your permission. We can transfer this agreement for the Yondo Services to another company or entity provided this does not adversely affect your rights under the agreement.
After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our Website.
No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
Nothing in these Terms excludes, restricts and/or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances. To the extent that any clause or provision of these terms and conditions is adjudged by a court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.
These Terms make up the entire agreement between the parties regarding the Yondo Service, and supersedes any prior agreements. If any portion of these Terms become unenforceable the remaining Terms will still apply to the fullest extent of the law. No amendment or waiver to these Terms are valid unless written by us.
Matters beyond our reasonable control
There may be instances where we may not be able to perform certain or all obligations that we have agreed to in these Terms because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in these Terms. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Yondo Services or for breaching our obligations.
Updating the Yondo Service
Users acknowledge that Yondo may, in their absolute discretion and without penalty or notice:
Yondo reserves the right to update, amend, add and/or delete any content regarding any terms and conditions on the Yondo Service at any time. We may make any changes to take into account changes in the Yondo Services, the law or to deal with any perceived deficiencies in our Terms. Where we update our Terms, we do not have any obligation to inform, notify and/or advertise Users of such changes. However, as a matter of best practice we may (but are not obliged to) give you notice by posting the change on the Yondo Service or contacting you by email. Where we consider a change may cause you a material disadvantage, we may (but are not obliged to) exercise reasonable endeavors to provide you with reasonable notice.
Users are deemed to have accepted all such revisions by accessing any part of the Website or continuing to access it after that revision is posted on the Website. Any changes to our Terms are deemed to be effective immediately after posting.
If you do not agree to any changes, you should discontinue your use of the Yondo Services. Refer to Ending the Service above for more information about how to delete your account.
Intellectual property of third parties
Branding, trademarks, service marks and logos used in the Yondo Services may belong to third parties. These Terms do not grant you the right to use them. Using the Yondo Services does not give you ownership of any intellectual property rights in the Yondo Services or the content that you access that belongs to third parties.
If you think that a user on Yondo is violating your copyright and want to notify us, please send an email to us at [email protected]
Our rights when we provide the Yondo Service
We are constantly changing and improving the Yondo Services. We may add and/or remove functionalities and/or features and we may suspend and/or stop a Service altogether.
We reserve the right to:
Our right to monitor and delete content
The Yondo Service contains material uploaded, posted, e-mailed or otherwise electronically transmitted or posted by you as a User of the Website and this User Content may include Personal Information. Yondo may not always monitor or exercise editorial control over User Content; however, the Yondo reserves the right:
Access to the Yondo Service
Yondo makes no warranty or guarantee in respect of the Yondo Service, including that it will be virus free or that access to the Yondo Service will be uninterrupted.
Material generated by Yondo
The Yondo Service may contain information, data, documents, pages and images (“the material”) prepared by Yondo or generated by Users. Yondo has exercised its reasonable efforts with respect to material it has prepared, including with respect to the compiling of the information on the Yondo Service, in the hope that the information is correct, current and complete but takes no responsibility whatsoever, directly and/or indirectly, for any act, error, omission and/or defect therein. Furthermore, Yondo makes no warranties whatsoever, directly and/or indirectly, as to the accuracy, completeness, reliability, availability, timeliness or fitness for purpose of any of the information provided on the Yondo Service that it has prepared.
Material generated by Users
The information on the Yondo Service may also contain material submitted by other parties which may constitute a testimonial, endorsement or approval. Yondo does not warrant that any such information is approved, supported or endorsed by Yondo and such information is not necessarily a reflection of any policies, procedures, standards or guidelines of Yondo.
In particular, Yondo does not warrant or express that it shares any of the views, opinions, thoughts, beliefs or otherwise which have been posted by its users. Yondo expressly disclaims that none of the content on the Yondo Service, under any circumstances, is intended to be, and does not, in any way constitute any form of professional, career or other advice. The material and/or wording on the Yondo Service must not, in any way, be relied on as professional, career or other advice.
The Yondo Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Yondo. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from our website, you do so at your own risk and you agree that Yondo will have no liability arising from your use of or access to any third-party website, service, or content.
If you have a problem or complaint about Yondo or its users, you may contact us by emailing [email protected]
When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any content on the Yondo Service is incorrect they can be directed privately to the administrator at [email protected]
Updated: November 20, 2016 (PST)
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