Last Updated: January 6, 2023
If you reside in the United States, please read the binding arbitration clause and class action waiver in part C of Section 11. It affects how disputes between us are resolved.
Yotta Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law). If you are not, you represent and warrant that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms, which may be shown by linking the Yotta account to an account with a third-party platform like Google, Facebook, Apple (or other similar website or service) that includes a payment processing option with the parent or legal guardian's financial information, among other ways.
A. Yotta Materials. Yotta Services contain content including, without limitation, Yotta's logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") that are the proprietary property of Yotta or Yotta's licensors and are protected by U.S. and international copyright laws.
B. User Content. Yotta Services may permit you or other users to create, post, send or store messages, photos, text and other materials ("User Content"). Yotta claims no ownership or control, takes no responsibility, nor assumes liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
C. Third Party Content. Yotta Services may include third-party content and links to websites or content owned or operated by third parties like Paypal (collectively, "Third-Party Content"). Yotta does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. You acknowledge and agree that Yotta is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
4. Limited License.
A. Yotta. Yotta grants you a limited, non-sublicensable license to access and use Yotta Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of Yotta Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Yotta Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of Yotta Services, the Materials or any information contained therein, except as expressly permitted on Yotta Services; or (e) any use of Yotta Services or the Materials other than for their intended purposes. Any use of Yotta Services or the Materials other than as specifically authorized herein, without the prior written permission of Yotta, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation to, copyright and trademark laws and applicable regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Yotta may revoke this license at any time.
B. Users. If you submit or post User Content to Yotta Services, unless we indicate otherwise, you grant Yotta a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in whole or in part and to incorporate such User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. By submitting or posting User Content to Yotta Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or that you otherwise have all the necessary rights to post such User Content to Yotta Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with Yotta Services, does not and will not violate these Terms or any applicable law, rule or regulation.
5. User Content and Interactive Areas.
Some of our Services include interactive areas ("Interactive Areas"), in which you or other users may, among other things, create, post, send, or store User Content (e.g., in-game chat). When you participate in Interactive Areas, you understand that certain User Content may be displayed publicly or to select users. You are solely responsible for your use of Yotta Services and the Interactive Areas and use them at your own risk.
These Terms do not create any reasonable expectation or promise that Yotta Services will not contain any content that is prohibited by the Terms. Although Yotta has no obligation to screen, edit or monitor any of the User Content posted on Yotta Services, Yotta reserves the right, and has absolute discretion, to access, use, monitor, disclose or preserve information associated with your use of Yotta Services, including, without limitation, User Content, or information that Yotta acquires about you through your use of Yotta Services, when Yotta forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce these Terms or protect the rights or property rights of Yotta or its users; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable activities.
6. Acceptable Use of Yotta Services.
You agree that your use of Yotta Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on Yotta Services. You further agree not to:
(a) Use Yotta Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Yotta Services, or that could damage, disable, overburden or impair the functioning of Yotta Services in any manner;
(b) Engage in any discriminatory, defamatory, harassing, abusive, obscene, threatening, unlawful, or otherwise objectionable conduct;
(c) Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
(d) Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from Yotta Services for the purpose of sending spam or other commercial messages;
(e) Attempt to reverse engineer any aspect of Yotta Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of Yotta Services;
(f) Use or attempt to use another's account without authorization from such user or post, upload to, transmit, distribute, store, create or otherwise publish or send through Yotta Services User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information;
(g) Post, upload to, transmit, distribute, store, create or otherwise publish or send through Yotta Services viruses, corrupted data or other harmful, disruptive or destructive files;
(h) Develop any third-party applications that interact with User Content or Yotta Services without our prior written consent;
(i) Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access Yotta Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Services; or
(j) Attempt to sell or sell in fact any user account or account-related in-game items for anything of value to a third party, including to any other user by any means, including any third-party forum or website.
If you submit product suggestions, questions, creative materials, ideas or other information about our Services or Yotta ("Submissions"), such Submissions, whether submitted via Yotta Services or otherwise, will be non-confidential and shall automatically become the sole property of Yotta. Yotta shall own, and you hereby assign to Yotta, all right, title and interest, including all intellectual property rights, in and to such Submissions and Yotta shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Yotta (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Yotta of such Submissions.
8. Modifying/Terminating Services.
Yotta reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability to you.
9. Disclaimer of Warranties and Limitation of Liability.
USE OF YOTTA SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YOTTA OR ITS REPRESENTATIVES CREATES A WARRANTY. YOTTA SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. YOTTA DISCLAIMS ALL WARRANTIES WITH RESPECT TO YOTTA SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOTTA AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS ("YOTTA PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE YOTTA SERVICES, EVEN IF YOTTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE YOTTA PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO YOTTA SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR YOTTA SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
If the Yotta Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of Yotta Services, or any data, information, or other item you make available through Yotta Services including User Content, then you agree to indemnify the Yotta Parties from all such Covered Losses and any related costs, such as reasonable attorney's fees.
You further agree to indemnify the Yotta Parties for any Covered Losses arising out of or related to: (a) any Submissions you provide; (b) your violation of these Terms; and (c) your violation of any rights of another. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
11. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
Asia and the Middle East
(a) If you reside in East or South East Asia, Russia, or the Middle East, the law governing the interpretation and enforceability of this agreement shall be the laws of Singapore, without reference to any of its conflict of law principles to extent that such principles would direct a dispute to another jurisdiction. The courts of Singapore have exclusive jurisdiction.
Europe, Africa, and the United Kingdom
(b) If you reside in Western, Central and Eastern Europe, Africa, or the United Kingdom, the law governing the interpretation and enforceability of this agreement shall be the laws of Germany, without reference to any of its conflict of law principles to extent that such principles would direct a dispute to another jurisdiction. The courts of Brussels have exclusive jurisdiction.
The United States
(c) If you reside in the United States, the following provisions apply. Any matter we are unable to resolve and all disputes or claims arising out of or relating to these Terms or your use of Yotta Services (each, a "Claim"), with the exception of the matters described in Section 11(e) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Claims.The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they may have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 11(c-f) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.The governing substantive law shall be the laws of the State of California and applicable federal law.
(d) The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration.The arbitration rules may permit you to recover attorney's fees in certain cases.
(e) Section 11(c) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small claims court.
(f) You and Yotta agree that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.
These Terms shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms.
12. Billing, Payment and Yotta Account Balance
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE DUE UPON PURCHASE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.
When you make a purchase through a third-party linked to Yotta Services (e.g., Google; Paypal) or provide payment to Yotta directly, you represent to Yotta that you are the authorized user of the payment method, and you authorize Yotta to charge your payment method for any fees incurred by you. If your use of funds is subject to any sales or other taxes, then Yotta may also charge you for those taxes. You are responsible for all purchases made by you or anyone else using your Yotta or third-party account.
Yotta reserves the right to suspend or terminate your Yotta account or use of Yotta Services, if after investigation Yotta determines in its sole discretion that you abused the payment system by, among other things, requesting or generating refunds from Yotta or its third-party servicers without valid reasons or for an improper purpose.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain enforceable. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Yotta.
14. Changes to these Terms