TERMS OF USE

Effective June 1, 2023

  

1) Welcome to YIMM.art, the premier online platform for art enthusiasts seeking a unique and engaging experience. As the founder, executive chairwoman, president, and CEO of YIMM.art, Yahweh is Merciful Massiah (Natalie Massiah), located at the URL www.YIMM.art, we are dedicated to providing you with exceptional service. These Terms of Use ("Terms") govern your access and use of our website, along with our related websites, mobile applications, and other services (collectively, the "Properties").

 

At YIMM.art, we understand the importance of providing a seamless and enjoyable user experience. Our platform is designed to showcase the beauty and creativity of art in a way that is both accessible and engaging. Whether you are a seasoned art collector or a curious newcomer, we invite you to explore our Properties and discover the wonders of the art world. By accessing and using our Properties, you agree to abide by these Terms. We encourage you to read them carefully to ensure that you understand your rights and obligations as a user of our platform. If you have any questions or concerns, please do not hesitate to contact us. We are committed to providing you with the best possible service and look forward to serving you on YIMM.art.


It is important to note that these Terms are a legally binding contract between you and YIMM.art regarding your use of the Properties. As such, we encourage you to read them carefully before accessing or using any of our services. 

 

These Terms of Use are also incorporated by reference into our Privacy Policy, which outlines our commitment to protecting your personal information. We want to draw your attention to the fact that these Terms contain a mandatory individual arbitration and class action/jury trial waiver provision. This provision requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. It also limits the remedies available to you in the event of a dispute. We believe that this provision is in the best interest of both parties, as it provides a fair and efficient way to resolve any potential disputes. At YIMM.art, we are committed to providing you with a professional and engaging experience. We believe that our platform offers a unique opportunity for art enthusiasts to connect and engage with each other. We are constantly working to improve our services and welcome any feedback or suggestions that you may have.

Thank you for choosing YIMM.art as your online art destination. We look forward to serving you and providing you with the best possible experience.  

2) Acceptance of the Terms of Use

By creating an account, logging into your account, or by browsing, downloading, installing, or otherwise accessing or using the Properties, you acknowledge and agree to be bound by these Terms of Use. It is important to note that these Terms may be updated from time to time, and it is your responsibility to review them periodically. If you do not agree to these Terms, or to any changes we may subsequently make to these Terms of Use, then you do not have our permission to use the Properties and you must immediately stop accessing the Properties.

Your access to and use of the Properties are subject to your continued compliance with these Terms and all applicable laws. We reserve the right to terminate your access to the Properties immediately, without any further action by YIMM.art, if you breach these Terms. We take the protection of our Properties seriously and expect all users to do the same. By agreeing to these Terms, you acknowledge that you have read and understood our policies and guidelines, and that you will comply with them at all times. We reserve the right to take appropriate action, including legal action, against any user who violates these Terms or our policies and guidelines.

Thank you for choosing to use our Properties. We hope that you find them useful and enjoyable. If you have any questions or concerns about these Terms, please do not hesitate to contact us.


3) Modification and Changes to Terms

We, as the proprietors of this platform, reserve the right to modify or update these Terms at any time, for any reason, at our sole discretion, with or without prior notice to you. Any such changes to these Terms will supersede and replace any previous Terms, and will be effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. However, if you do not agree with any changes to these Terms, it is recommended that you discontinue using the Properties. We understand that changes to our Terms can be frustrating, but we assure you that they are made with the intention of improving your experience on our platform. We appreciate your understanding and cooperation in this matter.


4) TERMS OF USE

By accessing and using our Properties, you agree to be bound by the following Terms of Use. Please read them carefully before using our Properties.


  • License to Use the Properties

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Properties for personal, non-commercial use only. You may not use our Properties for any illegal or unauthorized purpose.


  • Children’s Online Privacy Protection Act Notification

Our Properties are not intended for children under the age of 13. We comply with the Children’s Online Privacy Protection Act and do not knowingly collect personal information from children under the age of 13.


  • Registration / Accounts

To access certain features of our Properties, you may be required to register and create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.


  • Eligibility to Purchase Products

To purchase products through our Properties, you must be at least 18 years old and have a valid payment method.


  • Pricing

All prices listed on our Properties are in US dollars and are subject to change without notice.


  • Payment Processing and Authorization

We use a third-party payment processor to process payments for products purchased through our Properties. By making a purchase, you authorize us and our payment processor to charge the full amount to your payment method.


  • Promotions

From time to time, we may offer promotions through our Properties. All promotions are subject to terms and conditions, which will be clearly stated.


  • Orders

All orders are subject to acceptance and availability. We reserve the right to cancel or refuse any order for any reason.


  • Intellectual Property Rights Restrictions

All content on our Properties, including but not limited to text, graphics, logos, images, and software, is the property of our company or our licensors and is protected by United States and international copyright laws.


  • User Generated Material

By submitting any content to our Properties, you grant us a non-exclusive, royalty


5) License to Use the Properties

We are delighted to offer you a non-exclusive, revocable, and limited license to use the Properties solely for your personal and non-commercial use. It is important to note that you may only use the Properties in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms, as well as any and all applicable federal, state, local, and international laws, rules, and regulations. Please be advised that you are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Properties without the express written consent of YIMM.art.

Furthermore, you may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or in any other form or medium.

It is important to note that all rights not expressly granted to you in these Terms are reserved and retained by YIMM.art and/or its Content providers. Please be advised that the licenses granted by YIMM.art will terminate if you do not comply with these Terms and/or any other Properties terms and conditions.

By using the Properties, you represent and warrant that you are not a person barred from using the Properties under the laws, rules, and regulations of the United States, your place of residence, or any other applicable jurisdiction. Please note that no other rights, assignment, licenses, or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of the Properties unless expressly reserved in these Terms.

We hope that this license will enable you to enjoy the Properties to their fullest extent while also respecting the rights of YIMM.art and its Content providers.

6) Children’s Online Privacy Protection Act Notification

We take online privacy seriously. As a user of our Properties, it is important to note that you must be 13 years of age or older to access our services. However, to register for an account, purchase products, subscribe to receive any content or other marketing or promotional material, or use the YIMM.art App, you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use or make purchases on our Properties. We encourage you to review our Privacy Policy for more information on our policy regarding the privacy of children under the age of 13. In accordance with 47 U.S.C. Section 230(d) as amended, we would like to notify you that parental control protections, such as computer hardware, software, or filtering services, are commercially available and may assist you in limiting access to material that is harmful to minors. At YIMM.art, we are committed to providing a safe and secure online environment for all of our users. Thank you for choosing to use our Properties, and we look forward to serving you.


7) Registration / Accounts

To gain access to our services, you can easily create an account by providing us with your name and email address. This account, also known as an "Account," allows Registered Users to manage their email and shipping addresses, view their past and current orders, and access other features available through the "Your Account" section of our Properties. It's important to note that creating an account is not mandatory to receive Content or other marketing information via a Subscription, nor is it necessary to submit an order to purchase products listed on our Website. However, we highly recommend creating an account to fully enjoy the benefits of our services.

We take your privacy seriously and are committed to protecting your personal information. To learn more about how we collect and use your data, please refer to our Privacy Policy.


By creating an account with YIMM.art, you are agreeing to the following terms and conditions:

Firstly, you confirm that you have the appropriate authority and authorization to create a binding agreement with YIMM.art. Secondly, you agree to provide true, accurate, current, and complete information about yourself when requested by us. It is your responsibility to maintain and promptly update this information to ensure it remains true, accurate, current, and complete to the extent permitted by the Service.


Thirdly, you agree to use limited-access portions of the Services only using access credentials that we have issued to you. If your access to or use of the Website has previously been terminated by us, you may not access or use the Website under any circumstances.


It is important to note that you should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and ensure that you exit from your Account at the end of each session. You are responsible for all activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. In the event of any breach of security or unauthorized use of your Account, you must notify us immediately by filling out a form with our Customer Experience team, with “Unauthorized Use” in the subject line. Please note that even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.


It is important to understand that YIMM.art will not be liable for any losses caused by any unauthorized use of your account. It is crucial that you take all necessary precautions to protect your account information, such as creating a strong password and not sharing it with anyone. Additionally, regularly monitoring your account activity can help you detect any unauthorized use early on. By following these best practices, you can help prevent any potential security breaches and protect your personal information. We take the security of your information seriously and expect our users to do the same. By agreeing to these terms and conditions, you are acknowledging your responsibility to maintain the security of your Account and to comply with these terms and conditions.

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YIMM.art retains the exclusive right to terminate your access to the Properties or any part thereof at any time, without prior notice, at its sole discretion. You, on the other hand, may terminate your Account at any time by filling out a form with our Customer Experience team. Please include "Cancel Account" in the subject line. Alternatively, you may unsubscribe from a Subscription by clicking the "Unsubscribe" link at the bottom of the email or by filling out a form with our Customer Experience team. Please include "Unsubscribe" in the subject line. Please allow 48 hours for the termination to take effect. After termination, you will not receive any further communications from us unless you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Properties, termination of your Account, and/or cancellation of your Subscription. We understand that this may be a difficult decision, and we want to assure you that we value your time and effort. We appreciate your support and hope that you will consider rejoining our community in the future.


8) Eligibility to Purchase Products

To make purchases on our Properties, you must meet certain requirements. Firstly, you must be 18 years of age or older and legally able to enter into and form contracts on the Internet in accordance with the laws of Canada and the United States. When making a purchase, you will need to provide accurate and up-to-date information about yourself, including your name, address, and email address. You will also need to provide valid payment details and confirm that you are the person referred to in the billing information provided. For more information on how we collect and use your information, please refer to our Privacy Policy. To complete a purchase, you must have a valid credit or debit card issued by a bank acceptable to YIMM.art and have authorized us to process the charge for the total purchase price of the products you wish to buy.


Please note that products purchased from us are for personal use or as a gift and may not be resold or used for commercial purposes. We reserve the right to restrict multiple quantities of a product from being shipped to any one customer or postal address. We take pride in providing our customers with a seamless and secure shopping experience. By adhering to these guidelines, we can ensure that all transactions are conducted in a professional and trustworthy manner.


9) Pricing

YIMM.art retains the right to determine the prices of products sold through our Properties. Unless otherwise specified, all prices displayed on our Properties are in US Dollars and do not include taxes. Sales tax will only be charged on orders where applicable.


All prices and offers advertised on our Properties remain valid, except in cases of patent error as outlined below. If the price of a product in your order changes before we accept it, we will contact you to confirm whether you wish to proceed with the order at the revised price. While we make every effort to ensure that the information on our Properties is accurate, we may occasionally discover errors in the pricing of products. In such cases, we will notify you as soon as possible. We are not obligated to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you have already paid for a product that is priced incorrectly, we will refund the full amount as soon as possible.


In the event that products are recalled in transit, we will process your refund once the products have been returned to us. If your credit/debit card is not denominated in US Dollars, your final price may be calculated based on the applicable exchange rate on the day your credit/debit card issuer processes the transaction. At YIMM.art, we strive to provide our customers with the best possible service and ensure that all transactions are conducted in a fair and transparent manner. We appreciate your business and look forward to serving you.



10) Payment Processing and Authorization

We are pleased to offer a variety of payment options to our valued customers. We accept most major debit and credit cards, as well as third-party payment providers, such as PayPal and AfterPay (subject to jurisdictional restrictions). Please note that for payments made through third-party payment providers, you may be redirected to their website. It is important to note that YIMM.art will not be held responsible for any payments processed via external third-party payment provider sites. As a customer, it is your responsibility to familiarize yourself with the third-party payment provider's terms and conditions, as well as their privacy policy. Once your payment is complete, you will be redirected back to our Properties. Please be advised that payment will be debited and cleared from your account in full at the time you place your order, including any pre-orders. We strive to make the payment process as seamless and secure as possible for our customers. If you have any questions or concerns regarding payment processing, please do not hesitate to contact our customer service team for assistance.


At YIMM.art, we prioritize the security of our Properties. To ensure the safety of your credit/debit card transactions on our Website, we utilize shopify and threadless, trusted and secure online payment gateways. shopify and threadless encrypt your credit/debit card details in a secure host environment, and these details are solely used to process the credit/debit card transaction that you have initiated. We do not store your credit card information on our Website, as we rely on shopify and threadless to do so. For more information on how shopify and threadless protects your information, please refer to the link provided: shopify.com, and threadless.com. We take reasonable care to keep the details of your order and payment secure, to the extent that it is within our control. However, we cannot be held liable for any loss that you may suffer if a third-party gains unauthorized access to any data and/or personal information that you provide when accessing or ordering from our Properties, unless it is due to our gross negligence.


We understand the importance of safeguarding your personal information and strive to provide a secure and reliable platform for all transactions. Rest assured that we are committed to maintaining the highest standards of security to protect your privacy and ensure a seamless experience. Payment Authorization: It is important to acknowledge and agree that any payment information you provide must be associated with an account that belongs to you or that you have been specifically authorized to use by the account owner. Please note that all credit card account holders are subject to validation and authorization by the card issuer. In the event that the issuer of your payment card refuses to authorize payment to us, we cannot be held liable for any non-delivery or delay of orders. It is important to note that payment will be debited and cleared from your account upon dispatch of your order by YIMM.art. In the event that there is a problem charging your selected payment card, we may charge another valid payment card associated with your account.


We take payment authorization seriously and strive to ensure that all transactions are conducted in a secure and efficient manner. If you have any questions or concerns regarding payment authorization, please do not hesitate to contact us. When you make an offer to purchase our products, you are giving explicit authorization to YIMM.art to conduct credit checks. In cases where it is deemed necessary, we may transmit or obtain your credit card information or credit report information (including any updated information) from third parties. This is done solely to authenticate your identity, validate your credit/debit card, obtain an initial credit card authorization, and/or authorize individual purchase transactions. We take the security of your personal information seriously and will only use it for the purposes outlined above. Rest assured that your information will be handled with the utmost care and confidentiality. Thank you for choosing YIMM.art for your purchasing needs.


As a user of our services, you acknowledge and consent to the utilization of your personal information for the purpose of conducting necessary anti-fraud checks. Additionally, the personal information you provide may be disclosed to a third-party credit reference or fraud prevention agency, which may retain a record of said information. For further details on how we handle your personal information and data, please refer to our Privacy Policy.


11) Promotions

At YIMM.art, we may offer promotional pricing, codes, or other offers to our valued customers at our sole discretion. These promotions are non-transferable and cannot be used on past purchases. Additionally, there is no cash alternative or cash value associated with these promotions. Please note that promotions cannot be used in conjunction with other promotions or offers unless expressly stated otherwise. Furthermore, promotions must be used by the date published, if any. We reserve the right to retract or change any promotions at any time without notice. At YIMM.art, we will determine whether a promotion is combinable with other promotions or sales at our sole discretion. Unless otherwise stated, promotions are not eligible for YIMM.art product subscriptions.


We may provide you with operating rules or additional terms that govern certain promotions we may offer from time to time, unique aspects of our properties, or both. These additional terms, if any, will control to the extent that they conflict with these terms of use. At YIMM.art, we strive to provide our customers with the best possible experience. We hope that these promotions will enhance your experience with us.


12) Orders

When placing an order with YIMM.art, it is important to carefully follow the instructions provided on the Properties. These instructions will guide you on how to place your order and make any necessary changes before submitting it to us. Please note that all orders are subject to acceptance and availability. It is important to keep in mind that any Products added to your shopping cart are not reserved and may be purchased by other customers until your order is complete and accepted by us. We strive to offer Products that are in stock and available for shipping. However, there may be instances where we are waiting for shipment from our suppliers.


In such cases, YIMM.art may, at our sole discretion, offer you the opportunity to either place a pre-order for the Products or register your email address for notification of their arrival. This will ensure that you receive the item on a priority basis once the Products have been delivered to YIMM.art. It is important to note that your rights regarding pre-orders and waitlisted items are the same as those for any other purchase from YIMM.art. We are committed to providing our customers with the highest level of service and satisfaction, and we appreciate your business. When submitting an order through our Properties, it is important to note that you are doing so expressly subject to our Terms at the time of submission. It is your responsibility to review the latest version of our Terms each time you place an order.


Upon placing an order, you will receive an email confirming the details of your purchase. However, please note that we are not obligated to supply a Product until we have accepted your order. This acceptance will be communicated to you via email in the form of a "Confirmation of Order." Any other form of acknowledgement, such as an email, letter, or fax, is purely for informational purposes and does not constitute our acceptance of your order. In the event that we do accept your order, we will provide you with an order reference number and details of the Product(s) you have ordered. We take pride in our commitment to providing our customers with the highest level of service and quality products. Thank you for choosing to do business with us. At our discretion, we reserve the right to decline any order placed by you for various reasons. These reasons may include our inability to obtain payment authorization, shipping restrictions that apply to a specific item, unavailability of the product(s) you ordered, failure to meet our quality control standards, or withdrawal of the product(s). In such cases, we may offer you an alternative product, and you will be required to resubmit your order.


Please note that we will not be held liable to you or any third-party for withdrawing any product(s) from our Properties, regardless of whether they have been sold. We also reserve the right to remove, screen, or edit any materials or content on our Properties, refuse to process a transaction, or suspend any transaction after processing has begun. We understand that these policies may seem strict, but they are in place to ensure that we maintain the highest standards of quality and customer satisfaction. We appreciate your understanding and cooperation in this matter. Prior to accepting your order, we retain the right to decline processing it, while you maintain the right to cancel it. In the event that you cancel your order before we accept it, or if we cancel your order for any reason, we will promptly refund any payment made by you or your credit/debit card company for the Product(s) ordered.

Should you realize that you have made an error with your order after submitting it, we kindly request that you contact our Customer Experience team immediately by clicking here.


13) Intellectual Property Rights

The Properties, along with their content, features, and functionality, including but not limited to information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and their design, selection, and arrangement, are the exclusive property of  YIMM.art, our licensors, or other content suppliers. These are protected by United States, Canada and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any unauthorized use or exploitation of these properties without our prior written consent is strictly prohibited.


Please note that no right, title, or interest in or to the Properties or any Content is transferred to you, and all rights not expressly granted are reserved. Any use of the Properties that is not expressly permitted by these Terms may be considered a breach of these Terms and may violate copyright, trademark, and other laws.

We take our intellectual property rights seriously and expect our users to do the same. We appreciate your cooperation in respecting our intellectual property and ensuring that our Properties are used in accordance with these Terms. In addition to the intellectual property rights outlined above, it is important to define the term "Content" for the purposes of these Terms. Content refers to all information found on the Properties, including but not limited to the "look and feel" of the website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, and video and audio files.


At YIMM.art, we strive to ensure that all Content is accurate and complete. However, it is important to note that your use of the Properties is at your own risk. We cannot guarantee that the functional aspects of the Properties or the Content will be error-free, nor can we guarantee that the Properties, the Content, or the server that makes it available are free of viruses or other harmful components. Neither YIMM.art nor its suppliers make any warranties about the Content or the results that may be obtained from using the Properties. You bear the entire risk of the completeness, accuracy, or usefulness of any Content found on this Properties. It is important to acknowledge that YIMM.art reserves the right to withdraw any Content from the Properties at any time and for any reason, and such removal may be immediate and without notice. As a condition of your use of and access to the Properties, you acknowledge, agree, and confirm that YIMM.art is not liable to you or any third party for any such withdrawal. We take our responsibility to provide accurate and complete Content seriously, and we appreciate your understanding of these Terms.


At YIMM.art, we take pride in providing our readers with carefully curated editorial content through our Properties Content. Our team of editors meticulously selects the content that appears on our platform, and we do not accept any form of advertising unless explicitly indicated. We want to ensure that our readers have access to unbiased and authentic content, which is why we do not accept payment from third parties for products or content to appear on our platform. However, we do occasionally feature Sponsored Content, which is clearly marked as such. By subscribing to our content, you agree to receive Sponsored Content. If you prefer not to receive such content, you can easily unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or by reaching out to our Customer Experience team with “Unsubscribe” in the subject line. Please note that if you unsubscribe, you will not receive any content, whether it is Sponsored Content or YIMM.art Content.


It is important to note that any third-party content posted on our platform reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of YIMM.art. We accept no responsibility for any such third-party opinions and views. At YIMM.art, we are committed to providing our readers with high-quality, informative, and engaging content. We hope that you enjoy our platform and continue to support us in our mission to deliver exceptional editorial content.


14) Restrictions

Under no circumstances are you permitted to engage in the following activities:

Copying or printing any of the Content, whether licensed by us or otherwise, unless it is for your own personal, non-commercial use. In such cases, you must retain all trademark, copyright, and other proprietary notices contained in and on any such Content. Reproducing, downloading, modifying, translating, adding to, distributing, transmitting, publishing, performing, displaying, disclosing, archiving, uploading, broadcasting, selling, sublicensing, indexing, or exploiting any part of the Properties or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service, or other means, without our prior express written permission. Removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection measures either directly or through other means.


Please note that any violation of these terms may result in legal action. We take the protection of our intellectual property very seriously and will not hesitate to take appropriate measures to safeguard it.


It is strictly prohibited to mirror, frame, screen scrape, or deep link to any aspect of our Properties or access any Content through technology or means other than those provided or authorized by us. Additionally, accessing our Properties via any automated system, including robots, spiders, offline readers, etc., or taking any action that imposes an unreasonable or disproportionately large load on our infrastructure is strictly prohibited.

Furthermore, knowingly or recklessly uploading invalid data or introducing viruses, worms, Trojan horses, or other malware or software agents, whether harmful or not, to our Properties, tampering with, impairing, damaging, attacking, exploiting, or penetrating our system or network, or otherwise attempting to interfere with or compromise the system integrity or security of our Properties or any connected networks is strictly prohibited.

It is also prohibited to bypass the measures we may use to prevent or restrict access to or use of our Properties, including by hacking into secured or non-public areas of our Properties, circumventing any geo-blocking mechanisms, or otherwise.


We take the security and integrity of our Properties very seriously and will take appropriate action against any individual or entity found to be in violation of these terms. We appreciate your cooperation in helping us maintain a safe and secure online environment for all users. It is strictly prohibited to collect any personally identifiable information, such as account names and email addresses, through the Properties without our prior express written permission. Additionally, the Properties may not be used for any commercial solicitation purposes without our authorization. Furthermore, attempting to reverse engineer any aspect of the Properties or derive the source code, including the tools, methods, processes, and infrastructure that enable or underlie the Properties, is strictly prohibited. Creating any derivative works or materials of any kind using the Content, whether or not you intend to distribute them free of charge, is also prohibited. Building a business utilizing any aspect of the Properties is strictly prohibited. We take these restrictions seriously to protect the integrity and security of our Properties and the information of our users. Any violation of these terms may result in legal action. 


15) User Generated Material

At times, we may choose to accept user generated material on our Properties. This presents an opportunity for you to publish, transmit, submit, or post reviews, ratings, comments, feedback, or other materials that may be accessible and viewable by the public. Should you choose to post User Generated Material, it is important to note that you are representing that you either created and own the rights to the content or have obtained express permission from the owner to post such content. Additionally, you are representing that the content does not infringe upon any other person's or entity's rights, including but not limited to copyrights, trademarks, or privacy rights, nor does it violate any applicable laws, rules, or regulations, our Terms, or any of our other posted policies.

We take these representations seriously and expect our users to do the same. By adhering to these guidelines, we can ensure that our Properties remain a safe and respectful space for all users.


The submission of User Generated Material is subject to certain guidelines that must be adhered to. It is imperative that any material submitted does not contain any false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, unlawful, disruptive, or harmful content.


Furthermore, it is essential that any material submitted does not violate our or any other person's legal rights, including the rights of publicity and privacy. Any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act is strictly prohibited. It is also important that any material submitted does not create or threaten harm to any person or loss or damage to any property. Additionally, any submission must not include other people's personal information, such as another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual. We take these guidelines seriously and reserve the right to remove any User Generated Material that violates them. We appreciate your cooperation in ensuring that all submissions are in compliance with these guidelines.


It is imperative that users of YIMM.art's platform adhere to certain guidelines to ensure a safe and respectful environment for all. Any actions that infringe upon the intellectual property or proprietary rights of YIMM.art or any other individual or organization are strictly prohibited. Additionally, any attempts to exploit or harm children through inappropriate content or solicitation of personal information will not be tolerated.

Users must also refrain from misrepresenting their identity or affiliation with any person or organization, including YIMM.art. Any attempts to collect other users' personal information, such as email addresses or passwords, for unsolicited communication or other purposes are strictly prohibited. Furthermore, users must not engage in activities that interfere with or disrupt YIMM.art's networks or services, including the transmission of chain letters, bulk or junk email, or the installation of spyware or malware. Commercial activities, such as contests, sweepstakes, or advertising, are also not permitted.

Finally, any content that is deemed objectionable or non-family friendly by YIMM.art's sole discretion will be removed. We take these guidelines seriously and expect all users to do the same in order to maintain a positive and respectful community.


At our company, we want to make it clear that we do not claim ownership of any User Generated Material. However, by posting such material, you are granting us and our assigns, agents, and licensees, as well as other users, a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights that you own or control.

This license allows us to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit your content throughout the world in any media, whether now known or hereafter invented. This includes using your content for any and all purposes, including commercial or marketing purposes, without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity.


Additionally, we reserve the right to use your name, persona, or likeness alone or in connection with such uses, without any obligation or remuneration to you. The granted rights also include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine it with other materials.

Furthermore, we may use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services.

We understand that this may seem like a lot, but we want to assure you that we take your privacy and intellectual property rights seriously. We will always strive to use your content in a responsible and respectful manner. 


As a user of our platform, it is important that you understand the terms and conditions surrounding the use of User Generated Material. By agreeing to these terms, you are waiving any moral rights, including attribution and integrity, that you may have in any User Generated Material. This waiver applies even if the material is altered or changed in a manner that is not agreeable to you. In the event that any of these rights are not waivable, you agree not to exercise them in a manner that interferes with any exercise of the granted rights. It is important to note that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.


Furthermore, you agree to pay all royalties, fees, and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties. It is important that you understand and agree to these terms before posting any User Generated Material on our platform. We take the protection of intellectual property seriously and want to ensure that all users are aware of their rights and responsibilities. By agreeing to these terms, you are acknowledging your understanding and acceptance of the terms and conditions surrounding User Generated Material on our platform.


At YIMM.art, we reserve the right to refuse, alter, or remove any User Submission without prior notice, at our sole discretion. This includes instances where we believe that a User Submission may violate our Terms or be deemed objectionable. In the event that we choose to accept User Generated Material, we retain the right to monitor, review, screen, post, remove, reject, modify, and store all User Generated Material posted on our Properties. This is done to ensure that all User Generated Material complies with our Terms, and may be done at any time and for any reason, without notice. It is important to note that we do not endorse any User Generated Material, and the opinions, views, or advice expressed in such material do not reflect our own. As the creator of User Generated Material, you are solely responsible for its content and any consequences that may arise from its publication. We act only as a passive conduit for your online distribution and publication of your User Generated Material.

We assume no responsibility and accept no liability for any User Generated Material posted by you, other users, or third parties on or through our Properties. Additionally, we do not assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.


We take our responsibility to maintain a safe and respectful online community seriously. We reserve the right to remove any content that violates our Terms or is deemed objectionable, and we assume no liability for any User Generated Material posted on our Properties.


As the operator of the Properties, we retain the right to monitor any disputes that may arise between you and other users. However, we are under no obligation to do so. In the event of any such disputes, we shall not be held liable for any actions or inactions taken by other users, nor for any interactions you may have with them.

It is your sole responsibility to conduct yourself appropriately while using the Properties and to ensure that your interactions with other users are respectful and in accordance with our Terms. Please note that, despite our strict rules regarding User Generated Material, you may still come across content on the Properties that is inaccurate, inappropriate for children, or otherwise unsuitable for your intended purpose. In such cases, we cannot be held responsible and expressly disclaim any liability related to your exposure to such material, whether or not it violates our Terms. We take the safety and well-being of our users very seriously and encourage you to report any inappropriate behavior or content that you may encounter while using the Properties.


When it comes to User Generated Material, we may choose to accept it, but we urge you to exercise caution when posting information on our Properties or sharing it with other users. We strongly advise against publicly sharing personal details such as your full name, phone number, street address, or email address, as this information can be used to identify you or even lead to identity theft. It is important to note that any interactions you have with other users on our Properties are done so at your own risk. We cannot be held responsible for any claims or liability related to User Generated Material posted on our Properties or the conduct of other users. However, we will do our best to ensure a safe and secure environment for all users.


We encourage you to be mindful of the information you share on our Properties and to use caution when interacting with other users. By doing so, you can help protect yourself and others from potential risks and ensure a positive experience for all.


16) Mobile Service

Users of the YIMM.art mobile application, we would like to remind you that the use of our App requires a mobile device and wireless mobile data service, which must be obtained from your wireless carrier. Additionally, Internet access may be required, which must be obtained from your service provider. It is your responsibility to obtain and pay for such additional services and obtain a suitable device, including all usage charges related thereto. Please note that you may be required to send and receive electronic communications related to the App, including administrative messages, service announcements, diagnostic data reports, and App updates, at your own cost. These communications may come from YIMM.art, your mobile carrier, or third-party service providers.

If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. Therefore, we advise you to check with your carrier regarding any potential charges.


Please be aware that you are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App. This includes payment of all third-party fees associated therewith, including fees for information sent to or through the App.


We cannot guarantee that the App will be compatible with your network provider or device. It is important to note that we may release updates to the App, and it may be necessary for you to install these updates to ensure the App continues to function properly. Please be aware that exporting any of our mobile applications is only permissible in compliance with all applicable laws. As a responsible and professional company, we understand the importance of providing our customers with clear and concise information regarding our products. It is our duty to inform you that we cannot guarantee the compatibility of our App with your network provider or device. However, we are committed to providing you with the best possible experience and will release updates to the App as necessary. Please note that it may be required for you to install these updates to ensure the App continues to function properly.


We take compliance with all applicable laws very seriously and kindly remind you that exporting any of our mobile applications is only permissible in accordance with these laws. 


iOSAPP

If you have obtained the YIMM.art App through the iTunes App Store, please take note of the following terms and conditions. You acknowledge and agree that these Terms are solely between you and YIMM.art, and not with Apple. Therefore, Apple has no responsibility for the App or its contents. Your use of the App must comply with the iTunes App Store Terms or any other applicable terms for the use of the App.

Please be aware that Apple has no obligation to provide any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and they will be responsible for any refund of the purchase price for the App to you. However, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to YIMM.art as a provider of the App.

It is important to note that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App. This includes, but is not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.


All claims related to the use of the YIMM.art App are governed solely by these Terms and any applicable laws that pertain to YIMM.art as the provider of the App. It is important to acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party's intellectual property rights, YIMM.art, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. Both you and YIMM.art acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the App against you as a third-party beneficiary thereof.


It is important to note that Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. Additionally, the App Store is a service mark of Apple, Inc. and iTunes is for legal or rightholder-authorized copying only. It is imperative that you do not steal music. It is essential to understand that these Terms govern all claims related to the use of the YIMM.art App. YIMM.art will be solely responsible for any intellectual property infringement claims, and Apple and its subsidiaries are third-party beneficiaries of these Terms. Please refrain from stealing music and only use iTunes for legal or rightholder-authorized copying.


ANDROID™ APP

If you have obtained our App through the PlayStore™, it is important to acknowledge and agree that the Terms of Service are solely between you and YIMM.art, and not Google, Inc. It is also important to note that Google bears no responsibility for the App or its content. To ensure compliance with the GooglePlay™ Terms or any other applicable terms, your use of the App must adhere to these guidelines. Additionally, it is important to acknowledge that Google is not responsible for maintenance and support services related to the App.

In accordance with applicable law, Google has no warranty obligation with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses related to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to YIMM.art as the provider of the App.

Please note that Android™, GooglePlay™, and PlayStore™ are all trademarks of Google, Inc.


17) Privacy and Communications

PRIVACY

At YIMM.art, we hold your privacy in the highest regard. As you access or utilize our Properties, it is important to note that any information you provide, including personally identifiable information, will be handled in accordance with our Privacy Policy. Rest assured that we take the protection of your personal data seriously and will always prioritize your privacy.

CONSENT TO ELECTRONIC COMMUNICATION

By using our services, you agree to receive communications from us, whether they are required by law or not. These communications may be sent to you via email, provided that you have given us your email address, or through notices posted on our Properties, as determined by us in our sole discretion. You acknowledge that any requirement for written communication from us can be satisfied through electronic communication.

Please note that we cannot be held responsible for any automatic filtering that you or your network provider may apply to the communications we send to the email address you have provided to us. It is your responsibility to ensure that you receive all necessary communications from us. We take our communication with our users seriously and strive to provide clear and concise information.

MOBILE MESSAGING TERMS

By providing us with your mobile telephone number, you are consenting to receive text messages (including SMS and MMS) from YIMM.art. We may send you up to five text messages per month. Upon providing your mobile number, you will receive a confirmation text message and may need to reply as instructed to complete registration. Please note that YIMM.art will never charge you for the text messages you receive. However, your mobile provider may charge you message and data rates, so it is important to review your plan. You are responsible for paying any message, data, and other charges related to text messages, including confirmation texts and your responses. We value your privacy and will only use your mobile number for the purposes outlined in our privacy policy.


At YIMM.art, we respect your privacy and understand that you may not wish to receive text messages from us. Therefore, we offer you the option to opt-out of receiving any future text messages at any time. You can do this by simply replying to a text message with the keyword "STOP" or by texting the keyword "STOP" to the shortcode (which will be created in the future).

Once you opt-out, you will receive a final text message confirming your decision. Please note that if you choose to opt-out, you will no longer receive any text messages from us unless you re-subscribe.

If you require any assistance, you can reply to any text message with the keyword "Help" or send a text message with the keyword "HELP" to the shortcode (which will be created in the future). Please be aware that texts may be sent through an automatic telephone dialing system. However, it is important to note that consent to receive mobile messages is not required as a condition to using our Properties or to purchase any goods or services on our Properties.

In order to ensure that we have your correct mobile telephone number, we kindly request that you notify us of any changes by clicking the "Manage Preference" link at the bottom of any Subscription or by reaching out to our Customer Experience team with "Update Mobile Number" in the subject line.

Please be aware that your carrier may prohibit or restrict certain mobile features, and some features may be incompatible with your carrier or mobile device. If you have any questions regarding these issues, we recommend that you contact your carrier directly.


18) Modification or Suspension of the Properties and Right to Terminate Your Use of the Properties

At YIMM.art, we understand the importance of transparency and clarity when it comes to our users' experience. Therefore, we reserve the right to modify, suspend, or discontinue any aspect of our Properties at any time and from time to time, at our sole discretion and without notice or liability. This includes the addition or elimination of certain features or the discontinuation of the Properties entirely.

It is important to note that any description of features on our Properties should not be considered a representation that such features will always be included. From time to time, we may restrict access to some or all of the Properties, including for Registered Users. Additionally, we reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion.

We understand that these changes may cause inconvenience, and we apologize for any disruption to your experience. However, we must emphasize that for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period.

In the event that we suspend or discontinue any aspect of the Properties or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. It is important to note that you have no recourse with regard to any information that we delete, regardless of any value you may ascribe to such information.

We want to make it clear that we expressly disclaim any value you may attribute to any of your information stored on our servers. We appreciate your understanding and cooperation as we strive to provide the best possible experience for all of our users.


19) Linked Destinations and Advertising

YIMM.art provides links to other websites, which may include advertisements and content posted by us or third parties (referred to as "Linked Sites"). These links may also be found on social media, advertisements, and other marketing activities deployed by third parties, which are also considered Linked Sites. We offer access to and from Linked Sites solely for your convenience. However, please note that these Linked Sites are not owned, operated, or controlled by us. Therefore, if you choose to visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites.

We strongly advise you to carefully read the terms of use and privacy policies of any Linked Sites before providing any personal or other information or engaging in any activity on such Linked Sites. Any terms, conditions, warranties, or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. Please note that our Terms and Privacy Policy do not govern your use of another website or destination.

It is important to note that YIMM.art does not endorse Linked Sites, and we expressly disclaim responsibility and liability for them, including with respect to the content, products, and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites, and you agree that YIMM.art is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

We provide links to Linked Sites for your convenience, but we do not endorse them, and you use them at your own risk. Please read the terms of use and privacy policies of any Linked Sites before engaging with them, and understand that any interactions you have with Linked Sites are solely between you and the Linked Sites.


20) Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

The contents of the Properties, which include text, design, graphics, interfaces, and code, are protected by copyright laws and are the sole property of YIMM.art, Inc. All rights are reserved, and any unauthorized use or reproduction of the content is strictly prohibited.

Furthermore, all trademarks, service marks, and trade names found on the Properties are either trademarks or registered trademarks that belong to YIMM.art or other respective owners who have granted YIMM.art the license to use such marks.

If you suspect that any content on the Properties, including content created and/or displayed by YIMM.art or other material provided through a link, infringes your copyright, please follow the procedure outlined below. Please note that any inquiries not related to this procedure will not receive a response.

To report a claim of copyright infringement, please send an email to our copyright agent at YIMM@YIMM.art with “DMCA Takedown Request”, Attention: General Counsel, Legal Department in the subject line. We take copyright infringement seriously and will promptly investigate any reported violations.


For the notification to be effective, it must be presented in writing and include the following essential information:

- An electronic or physical signature of the individual authorized to act on behalf of the owner of an exclusive copyright interest.
- A detailed description of the copyrighted work that you believe has been infringed.
- A clear description of where the infringing material is located on the Properties, which is sufficient to enable us to identify and locate the material.
- Your contact information, including your address, telephone number, and email address.
- A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law.
- A statement from you that the information provided in your notice is accurate and that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material, under penalty of perjury.

It is important to note that failure to include any of the above information may result in an ineffective notification. Therefore, it is crucial to ensure that all the necessary details are included in your notice.

We take copyright infringement seriously and are committed to protecting the rights of copyright owners. By providing us with the required information, you can help us to identify and remove infringing material from our Properties promptly.


Under federal law, it is imperative to understand that knowingly misrepresenting online material as infringing can result in severe consequences. This includes criminal prosecution for perjury and civil penalties, such as monetary damages, court costs, and attorneys' fees.

It is important to note that this procedure is solely for notifying YIMM.art and its affiliates of any copyright infringement. These requirements are in place to ensure that YIMM.art complies with its rights and obligations under the DMCA, including 17 U.S.C. §512(c). However, it is essential to understand that this does not constitute legal advice. It may be beneficial to seek the guidance of an attorney to understand your rights and obligations under the DMCA and other applicable laws.


21) Disclaimers

As a valued customer of YIMM.art, it is important that you are aware of the potential risks associated with the use of our products. We take great care to ensure that our products are safe for their intended use, but it is important to note that mishandling or misuse of these products could result in personal injury or property damage.

Please be advised that YIMM.art cannot be held liable for any such incidents that may arise from the misuse of our products. It is your responsibility to handle our products with care and to use them only for their intended purpose.

Additionally, it is important to note that some of our products may not be suitable for use by children. If you choose to provide access to our products to any individual under the age of 18, you assume sole liability for any resulting incidents.

We also remind you that it is strictly prohibited to use our products for any illegal purpose. Any actions taken that are contrary to the laws, rules, or regulations of any territory are solely your responsibility, and YIMM.art cannot be held liable for any resulting consequences.


22) Warranty Disclaimer

At YIMM.art, we strive to provide our users with the most up-to-date and reliable information, software, products, and services through our Properties. We make continuous efforts to upgrade and update these offerings to ensure their accuracy and relevance.

However, we must emphasize that while we take commercially reasonable measures to verify the accuracy of the information we place on our Properties, we cannot guarantee that it is entirely reliable, accurate, complete, uninterrupted, error-free, secure, or free of defects, viruses, or bugs.

We understand the importance of providing our users with trustworthy and dependable resources, and we will continue to work diligently to maintain the highest standards of quality and accuracy. Nonetheless, we encourage our users to exercise their own discretion and judgment when utilizing our Properties and the information, products, and services we provide.

The Properties are provided "as is" and "as available" with no representation or warranty or condition of any kind. Your use of the Properties is entirely at your own risk. YIMM.art and/or its suppliers expressly disclaim any warranty or condition, express or implied, regarding the Properties, information, software, products, services, or related graphics. This includes, but is not limited to, any implied warranties or conditions of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security, and accuracy. Additionally, all warranties that may arise from a course of dealing, course of performance, or usage of trade are disclaimed.

In states and jurisdictions where the exclusion of warranty is prohibited, such exclusions shall only apply to the extent permitted. It is important to note that the use of the Properties is solely at your own risk, and YIMM.art and/or its suppliers shall not be liable for any damages arising from the use of the Properties.

We understand the importance of providing our users with a reliable and secure platform, and we strive to ensure that the Properties are up-to-date and accurate. However, we cannot guarantee that the Properties will always be error-free or uninterrupted. We encourage our users to exercise caution and use their own judgment when using the Properties.

YIMM.art does not provide any warranty, endorsement, guarantee, or assume responsibility for any information, product, or service offered by third-party sources through our platform or any linked site. We will not be involved in any transaction between you and any linked site, nor will we monitor such transactions in any way. These links are provided solely for your convenience. If you choose to click on any of these links, you acknowledge and agree that you are solely responsible for accessing their contents and do so at your own risk. We explicitly disclaim all liability for any personally identifiable information that may be provided by social media services in violation of your privacy settings.

As a professional platform, we take our responsibility to provide a safe and secure environment for our users seriously. We understand the importance of protecting your personal information and ensuring that any third-party services you may encounter through our platform meet your expectations. Therefore, we encourage you to exercise caution and carefully review the terms and conditions of any linked site before engaging in any transaction. At YIMM.art, we are committed to providing a seamless and enjoyable user experience. We strive to maintain the highest standards of professionalism and transparency in all our dealings.
As a user of our Properties, you must acknowledge and agree that any reliance on the information and materials provided therein is solely at your own risk and responsibility. YIMM.art retains the right, at its sole and absolute discretion, to correct any errors or omissions in any part of the Properties. Additionally, we reserve the right to make changes to the services, materials, products, programs, and features included therein at any time, with or without prior notice. Rest assured that we are committed to providing you with the most accurate and up-to-date information possible.


23) Medical, Nutrition and Fitness Information

It is important to understand that all medical, nutrition, and fitness information provided on our properties, including text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, is intended for informational purposes only. This information is not intended to replace the advice of your physician or other medical professionals, nor should it be used as a substitute for a visit, call, or consultation with your physician or other medical professionals. Additionally, it should not be used in place of information contained on or in any product packaging or label.

We strongly advise that you consult with your physician or other healthcare provider if you have any health-related questions before using any of our products or relying on any information obtained on our properties. It is important to note that information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

In the event that you have any health-related questions, we urge you to promptly call or see your physician or other healthcare provider. In the case of an emergency, please call your physician or 911 immediately. We take your health and wellbeing seriously and want to ensure that you have access to the best possible information and resources.

It is imperative that you never disregard medical advice or delay seeking medical attention due to any content presented on or via our properties. Furthermore, it is crucial that you do not use our properties or any content available through them for diagnosing or treating a health problem. Please be aware that the transmission and receipt of any content, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and YIMM.art, its affiliates, or any third party.

Our properties may periodically provide information concerning fitness and athletic activities. We want to make it clear that such activities carry inherent and significant risks of property damage and bodily injury. By engaging in these activities, you voluntarily assume all known and unknown risks associated with them, even if caused in whole or part by our action, inaction, or negligence, or by the action, inaction, or negligence of others. Therefore, YIMM.art strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.

We take your health and safety seriously and want to ensure that you are fully informed before making any decisions regarding your well-being. Please take the necessary precautions and seek professional medical advice when needed.


24) Indemnity and Release

By using and accessing the Properties, you agree to defend, indemnify, and hold harmless YIMM.art and its Indemnified Parties, including agents, managers, affiliates, licensors, licensees, successors, and assigns, as well as their respective directors, officers, contractors, employees, agents, service providers, and partners. This means that you will protect YIMM.art from any demands, losses, costs or debts, liabilities, claims, or expenses (including reasonable attorneys' fees) made against YIMM.art by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity, or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party's access and use of the Properties with your unique username, password, or other appropriate security code.

It is important to note that this agreement is legally binding and should be taken seriously. By agreeing to these terms, you are accepting responsibility for any actions taken on the Properties using your account. This includes any content you create or share, as well as any actions taken by others who access the Properties using your login information.

We understand that legal language can be complex and confusing, but we want to ensure that our users are fully aware of their responsibilities when using our platform. If you have any questions or concerns about this agreement, please do not hesitate to contact us. We are committed to providing a safe and secure environment for all of our users, and we appreciate your cooperation in helping us achieve this goal.


As a user of our Properties, it is important that you understand the legal terms and conditions that govern your use. By agreeing to these Terms and our Privacy Policy, you are releasing each of the Indemnified Parties from any and all damages, liabilities, claims, actions, demands, and costs that may arise from your use of our Properties.

This release applies to all types of damages, whether known or unknown, suspected or unsuspected, disclosed or undisclosed. It is a comprehensive release that covers any and all claims that may arise from your use of our Properties.

If you are a California resident, it is important to note that you are expressly waiving CA Civil Code §1542. This code states that a general release does not extend to claims that the creditor does not know or suspect to exist at the time of executing the release. By waiving this code, and other States or Provinces similar versions, you are acknowledging that you understand the full extent of the release and are willing to release all claims, even those that may not be known to you at this time.

We understand that legal language can be confusing, but we want to ensure that you fully understand the terms and conditions that govern your use of our Properties. 


25) Limitations on Liability

The providers whose third-party products and services are available on our properties are independent contractors and not agents or employees of YIMM.art. As such, YIMM.art is not liable for any acts, errors, omissions, representations, warranties, breaches, or negligence of any such providers. Additionally, YIMM.art is not responsible for any personal injuries, property damage, or other expenses resulting, directly or indirectly, from such products and/or services.

However, in the event of a breach of these terms of use by you, such as a commercial use of the properties in violation of these terms of use, a violation of intellectual property rights, or indemnification obligations, or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, you or YIMM.art and/or its affiliates, licensors, licensees, successors, or assigns shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, goodwill, or profits, arising out of or in any way connected with the use or performance of the properties, the delay or inability to use the properties, the provision of or failure to provide services and/or functionality of the properties, or for any content, products, or services obtained or purchased through the properties, or otherwise arising out of the use of the properties, whether based on contract, tort, negligence, strict liability, or otherwise.

We take pride in providing a safe and reliable platform for our users, and we strive to ensure that our terms of use are clear and concise. We appreciate your understanding and cooperation in adhering to these terms, and we look forward to continuing to provide you with exceptional service. Even if YIMM.art and/or any of its affiliates, licensors, licensees, successors, or assigns have been advised of the possibility of such damages, limitations of liability for consequential or incidental damages shall apply to the fullest extent permitted in states and jurisdictions where such limitations are prohibited. If you are dissatisfied with any portion of the Properties or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Properties.

However, in the event of a breach of these Terms of Use by you, such as a commercial use of the Properties in violation of these Terms of Use, violation of intellectual property rights, or indemnification obligations, or with respect to products or services that we provide to a specific consumer for a fee, which shall be governed by its own contractual terms, your or our total liability for all damages, losses, or causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you to us, if any, for accessing or participating in any activity related to the use of the Properties or $50 (whichever is less).

We understand that these limitations may be frustrating, but they are necessary to protect both you and us. We strive to provide the best possible experience for our users, but we cannot guarantee that the Properties will always be error-free or uninterrupted. 

YIMM.art and its affiliates, licensors, licensees, successors, or assigns shall not be held responsible for any damage, loss, or injury resulting from hacking, tampering, or any unauthorized access or use of the Properties, your data, or your account, including the information contained therein. We reserve the right to disclose any information deemed necessary to comply with applicable laws, rules, regulations, legal processes, or governmental requests. By using our Properties, you waive and hold harmless YIMM.art and its affiliates, licensors, licensees, successors, and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure.

Please note that YIMM.art makes no representation that the Properties are appropriate or available for use outside of the United States or Canada. Accessing the Properties from territories where such services are illegal is strictly prohibited. If you access the Properties from a location outside of the United States or Canada, you are solely responsible for compliance with all local and other applicable laws.

We take the security and privacy of our users seriously and will do everything in our power to protect your data and account information. However, we cannot guarantee that unauthorized access or use will never occur. Therefore, we strongly recommend that you take all necessary precautions to protect your account and data, including using strong passwords and enabling two-factor authentication.

Thank you for choosing YIMM.art as your creative platform. We are committed to providing you with the best possible experience while ensuring the safety and security of your information.


26) Law and Jurisdiction

These Terms of Use govern the relationship between you and YIMM.art, and any disputes that may arise between us will be resolved in accordance with the Federal Arbitration Act, applicable federal law, and the laws of Canada and the United States of America. We will not give effect to any choice or conflict of law provision or rule, regardless of the jurisdiction.

In the event of a dispute arising from these Terms of Use or your use of our Properties, we will resolve it through binding arbitration. By agreeing to this process, you are waiving your right to bring disputes to court, including the right to a trial by jury. If a claim proceeds in court rather than arbitration, we both waive any right to a jury trial. However, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Please note that any cause of action you may have with respect to your use of our Properties must be commenced within one year after the claim or cause of action arises.


27) Binding Arbitration and Class Action Waiver

In the event of any disagreement between you and us regarding these Terms, the Privacy Policy, the Properties, and/or any products or services purchased from the Properties, we have established a dispute resolution process that we believe is fair and efficient for both parties.

Firstly, you and YIMM.art agree to send each other a notice of dispute, which is a written statement that includes 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 by e-mail to YIMM@YIMM.art, and we will send any notice of dispute to you at the contact information we have for you.

After receiving the notice of dispute, you and YIMM.art will attempt to resolve the issue through informal negotiation within 30 days. If we are unable to resolve the dispute through negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.

It is important to note that there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To initiate an arbitration proceeding, you must send a email letter requesting arbitration and describing your claim to us at YIMM@YIMM.art with "Arbitration Request" in the subject line, Attn: General Counsel, Legal Department.

We believe that this dispute resolution process is fair and efficient for both parties and will help us resolve any disagreements in a timely and professional manner. The arbitration process will be overseen by the American Arbitration Association (AAA) or the Canadian equivalent in accordance with its rules, which include the Supplementary Procedures for Consumer-Related Disputes. These rules can be accessed at www.adr.org or by calling 1-800-778-7879. The payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. For claims totaling less than $10,000, we will reimburse these fees unless the arbitrator deems the claims to be frivolous. Additionally, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims to be frivolous. You have the option to conduct the arbitration by telephone, based on written submissions, or in person at a mutually agreed location, such as the county where you reside.

It is important to note that all claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration as well. By agreeing to arbitrate with YIMM.art, you are agreeing to do so only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding.

It is imperative to understand that your claims may not be joined with any other claims, and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.

In the event that the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. However, for certain claims, such as violations of these Terms or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction.

It is important to note that all arbitrations shall be initiated in Winnipeg, Manitoba, Canada. We take these matters seriously and want to ensure that all parties involved are aware of the terms and conditions surrounding any potential disputes.

28) Waiver and Severability

YIMM.art acknowledges that no waiver of any term or condition outlined in these Terms shall be interpreted as a further or continuing waiver of said term or condition, nor shall it be considered a waiver of any other term or condition. Additionally, any failure by YIMM.art to assert a right or provision under these Terms shall not be construed as a waiver of such right or provision.

In the event that any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, said provision will be superseded by a valid and enforceable provision that most closely aligns with the original intent of the provision. The remaining provisions of these Terms shall remain in full effect.


29) Assignment

As the recipient of these Terms and the associated rights and licenses, it is important to note that you are not permitted to transfer or assign them. However, we reserve the right to assign our own rights under these Terms without any limitations. It is imperative to understand that any attempt to transfer or assign these rights in violation of this agreement will be deemed null and void.


30) Admissibility

A hard copy of this agreement, as well as any electronic notices, may be presented as evidence in legal or administrative proceedings pertaining to this agreement. Such documents will be treated with the same level of validity and subject to the same conditions as other business records that were originally created and maintained in printed form. It is the explicit desire of all parties involved that this agreement and all associated documents be composed in the English language.


31) Entire Agreement

These Terms, along with the other agreements referenced herein, serve as the exclusive and comprehensive agreement between you and YIMM.art regarding the Properties. They replace all prior and concurrent understandings, agreements, representations, and warranties, whether written or oral, concerning the Properties.

Our aim is to offer you a top-notch user experience. If you have any inquiries or feedback regarding these Terms, please do not hesitate to reach out to our Customer Experience team by clicking here.



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