Last Updated: April 15, 2019
By using OhYeah, you are agreeing to these Terms. If you do not agree to these Terms, do not use OhYeah. If you are using OhYeah on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use OhYeah after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using OhYeah.
To use OhYeah, you'll need to create an account, either via OhYeah or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your OhYeah account.
You are responsible for safeguarding your OhYeah login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
By using OhYeah, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
OhYeah is owned by Marvin Simon and its licensors and is protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use OhYeah as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the OhYeah account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, OhYeah will respond expeditiously to claims of copyright infringement committed using OhYeah as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on OhYeah and take whatever action, in its sole discretion, we deem appropriate.
Our designated Copyright Agent for notices of copyright infringement and counter-notices is:
Marvin Simon. ATTN: Copyright Agent [email protected]
We may terminate or modify your access to and use of OhYeah, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use OhYeah in any way that would cause us legal liability or disrupt others’ use of OhYeah.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of OhYeah, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Unless otherwise specified, OhYeah may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an OhYeah customer on OhYeah's website and other marketing materials.
OHYEAH IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Marvin Simon. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of OhYeah. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You will hold harmless and indemnify Marvin Simon. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of OhYeah or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARVIN SIMON., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Marvin Simon. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OHYEAH MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO MARVIN SIMON. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
If you purchase a subscription to the Services via the OhYeah website (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.ohyeah.so. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to [email protected]) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize OhYeah (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to OhYeah. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). OhYeah may terminate your subscription if you fail to promptly pay any outstanding fees.
Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on OhYeah’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Marvin Simon., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Marvin Simon.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Marvin Simon. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be withoutprejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at [email protected].