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Terms of Service

TERMS AND CONDITIONS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Yumy Brands, LLC , doing business as Yumy Hub (“YumyHub,” “we,” “us,” or “our”), concerning your access to and use of the www.yumyhub.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Montana, United States and have our registered office at 1001 S. Main St #49 Kalispell, MT 59901. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Minors Prohibited: YumyHub contains adult oriented content and is not intended for children. Only individuals that are 18 years or older and have reached the age of majority where they reside may use our website. We forbid all individuals that do not meet these requirements from using our website.

Child Sexual Abuse (CSAM) Prohibited: YumyHub prohibits content that involves minors known as (CSAM) Child sexual abuse material. Only consenting adults are allowed. If you see any images or videos depicting minors in sexual activity, contact use immediately at support@yumhub.com. Include all appropriate evidence in your report including the date and time of identification. YumyHub investigates all reports and takes appropriate action. YumyHub fully cooperates with all law enforcement agencies investigating CSAM.

Section 230(d) Notice: Pursuant to 47 U.S.C. § (d), commercially available parental control protections (including computer hardware, software, or filtering services) may assist in limiting access to information that is harmful to minors. By searching for “parental control protection” or similar terms on the Internet, you can learn more about the companies that offer these safeguards. Please use these products, which we are providing for informative purposes only and do not recommend, to limit minors’ access to sexually explicit content if they have access to your computer: CYBERsitter™ , NET Nanny® , CyberPatrol , ASACP.

 

Prostitution and Sex Trafficking Prohibited:

It is against the law to solicit, advertise, or assist in prostitution or sex trafficking. We reserve the right to deactivate your YumyHub account without refunding or paying out any cash in your account at the time of the offense or deletion if you engage in such behavior, whether on YumyHub or by providing links to external websites that promote or support prostitution or sex trafficking.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

United States obscenity law – The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

FANS

You must either verify using a legitimate social network account or offer a valid email address, username, and password in order to register and create an account on YumyHub as a Fan. You must add a reliable payment method if you want to subscribe to Creators on YumyHub. No credit card data is kept on YumyHub.

Subscriptions: Fans may subscribe to a Creator’s content by clicking the “Subscribe” button on the Creator’s profile after adding a legitimate payment method to their account. You hereby permit YumyHub to charge the payment method on file for the applicable subscription on the first day of each billing cycle up to the time that you cancel your subscription. This authorization only applies if you purchase a subscription.

Trials: Fans who haven’t subscribed to a creator’s content may be given a trial. You will have discounted access to that Creator’s material for the duration of the trial period if you buy a trial. You will be charged the full amount of the subscription at the start of each subscription period following the expiration of the applicable trial period unless you cancel your subscription. You must cancel before the trial period expires to prevent any additional fees.

Wallets: You might be able to prepay a certain amount of money that will be put into your wallet and utilized for subscriptions, pay-per-view material, tipping, and other transactions. The cost of purchases cannot be split between your wallet and conventional payment methods, though. We reserve the right to charge your listed payment card the entire amount of an attempted purchase if there are insufficient funds in your wallet to cover it. Wallet money are typically non-refundable, but we reserve the right to consider refund requests involving wallet monies at our sole and absolute discretion.

Subscription Cancellation: Any subscription that a fan has purchased may be canceled at any time by turning off the “Auto-Renew” indicator found under the relevant Creator profile. You acknowledge and accept that in the event of a subscription cancellation, there will be no return and that you will continue to have access to the Creator’s material up until the end of the current billing cycle, after which point you will no longer have access to it and will not be charged again. You can block a user, but if you do, you will lose access to their content right away and won’t get a refund or credit for any days that are still left on your current subscription cycle. You will immediately lose access to any subscribed-to user’s material if you are blocked by them, and we reserve the right to decide whether to provide you a refund or credit for the days left on your current membership period at our sole and absolute discretion.

Payments: To handle any and all payments related to YumyHub, we use a variety of third-party payment processors and gateways, and we reserve the right to enter into contracts with additional third-party payment processors and gateways at any time. A third-party payment processor keeps your payment information on file. Such third parties may impose extra terms and conditions that govern the processing of payments. You are in charge of observing these conditions. We further disclaim any responsibility for your breach of such terms.

Non-Payment: YumyHub may immediately cancel your access to any paid services you have ordered until you change your payment method if your payment method on file becomes invalid due to an expired credit card or another similar reason and the company is unable to charge you on the following billing month. YumyHub may terminate your subscription if you don’t update your payment method within a reasonable period of time.

Chargebacks: Your account may be immediately suspended or terminated if you make a purchase that is results in a chargeback.

Billing Error: You have thirty (30) days from the day you get the billing statement on which the problem first surfaced to inform the company in writing if you think you’ve been charged in error. You forfeit your right to contest the charges if you don’t submit a written dispute notification to the Company within the allotted thirty (30) day window. Any billing issues must be reported through email to support@yumyhub.com along with a thorough explanation of the type and total of the disputed charges. Any errors in a bill will be fixed by the company and added to or credited against future payments you make.

Taxes: You will be charged for any taxes YumyHub is obligated to collect or pay in connection with your purchase of a paid service at the time of each purchase transaction. Depending on your purchase or the location where it was made, these taxes may also include any applicable duties, customs fees, value added tax, or other taxes (other than income taxes).

Tips & A La Carte Purchases: By clicking the “Purchase,” “Tip,” or a button with a similar name on or near the creator’s content, fans who have linked a legitimate payment method to their account may, in some cases, buy the creator’s stuff individually or leave a tip for them. You hereby permit the Company to automatically charge the payment method on file for the material if you buy it a la carte or tip a creator.

Refunds: Purchases and/or fees related to your account are typically final and nonrefundable under our normal policy. However, we reserve the right, in our sole discretion, to respond to any refund request and to grant refunds when necessary.

CREATORS

You must complete the Creator registration process and receive approval from the Company in our sole and unrestricted discretion in order to register and create an account on YumyHub as a Creator. Additionally, if you want to sell material on YumyHub, you must add a verified bank account (checking or savings) or another accepted payment method, as well as provide more legal documentation, such as a W-9 if you live in the United States of America (the exact information required will depend on your country). One of our payout processors or a direct bank transfer will be used to deposit your money into the payment method you’ve chosen. YumyHub does not retain any bank account information, with the exception of the information required for Creators who request direct bank wire payments, which is kept on file by our third-party payout processors.

If you sign up to be a Creator, you agree that we, or our third party providers, are allowed to gather, store, and/or maintain certain biometric data, such as a retina or iris scan, fingerprint, voiceprint, scan of your hand or face geometry, from any Content or documentation you give us as proof of your identity.

Commission: Eighty percent (80%) of all subscriptions, sales, or tips related to a creator’s content and user profile go to that creator. Before payments may be made, a legitimate payout method must be added. However, we reserve the right to take a deduction from any subscription, sale, or tip revenue that was subject to a chargeback or that was associated with content that violated these terms.

Your Content: You certify and indicate that you are the sole owner of the intellectual property rights to your Content or that you otherwise possess all necessary rights. Your User Content remains entirely your property. To use your User Content for the Company’s (and our successors’) business, operating YumyHub, and carrying out the purposes set forth in these Terms, you grant us a global, permanent, nonexclusive, royalty-free, sublicensable, and transferable license. You hereby agree to (I) having your image included in any User Content you post on YumyHub and (ii) permitting the Company to publicly share any User Content you post on YumyHub. You also grant each of our Users a worldwide, non-exclusive, royalty-free license to access such content through YumyHub, subject to any restrictions associated with any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content, but only to the extent necessary to abide by these Terms. We agree not to republish any of your content that is protected by a paywall. User Content is not considered secret, with the exception of personally identifiable information covered by our Privacy Policy, and may be published on YumyHub in compliance with these Terms. Regarding your User Content, we are not obligated. We both agree, however, that any use or publishing of your content will comply with these Terms. You represent and warrant that your User Content does not infringe upon the rights of any third parties and that you have written releases from all persons appearing in your User Content attesting to their approval to the recording and publication of such content on YumyHub. If we ask for copies of any required releases, licenses, or ownership documents from you, you will oblige. The repercussions of publishing your User Content to YumyHub are totally your responsibility.

Co-Creator Content: If you are a Creator, you acknowledge that you have the right to distribute work that features images of other people (“Co-Creator Content”), subject to the following conditions:

If YumyHub requests proof of age, identity, or permission to publish the Co-Creator Content, that you provide YumyHub with the requested documention;

You tag each represented Co-Creator in the Content or otherwise identify the third party;

You have obtained and will keep on file government-issued identity proof attesting to the minimum age of each Creator represented in your material, which is eighteen (18);

You have obtained and will keep records proving that each Co-Creator who is represented in your User Content has given their consent for both their representation in the content and its public distribution on YumyHub.

Upon our request for this written confirmation of your consent, you shall quickly supply it to us;

You agree not to make use of, make an effort to gain access to, or request the login credentials of any other User’s account;

You agree to protect your login information from any unauthorized use because you are primarily responsible for your account. If you give your login information to a third party, such as a manager or agency, you acknowledge that we are not liable for any misuse of your account and relieve YumyHub from any liability resulting from such third party access. You acknowledge and agree that you will be entirely liable to YumyHub for any conduct that takes place by or through your account if you give your account credentials to a third party.

You also acknowledge and accept that until all represented Creators or third parties have verified their identities and given their permission to be shown and distributed, we may choose not to publicly publish any Co-Creator Content.

Any money made from any Co-Creator Content must be separated, divided, and distributed only by you. Any such revenue-sharing agreement between you and such third parties shall only be controlled by a separate, private agreement. Any such agreements are not subject to our enforcement. You consent to hold us harmless and free us from any and all lawsuits resulting from Co-Creator Content. Furthermore, you acknowledge that any claims resulting from Co-Creator Content may only be made against the individuals appearing or participating therein and not against Us.

Deactivation: You can use this option in your account settings if you want to deactivate your YumyHub account.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Use;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  6. You will not use the Site for any illegal or unauthorized purpose; and
  7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

REFERRAL PROGRAM

The YumyHub Referral Program: By referring individuals who are interested in becoming Creators to YumyHub, current Users can earn referral rewards from YumyHub, which are calculated and limited in accordance with these Referral Program Terms. Yumy Brands, LLC, a Limited Liability Company registered in Montana and with its registered office at 1001 S Main St #49 in Kalispell, MT 59901 runs the YumyHub Referral Program. The YumyHub Referral Program’s guidelines are as follows: Participants in the YumyHub Referral Program must have an active YumyHub user account. A User will not be qualified to take part in the YumyHub Referral Program if their account has already been suspended, deactivated, or otherwise dealt with by us for any reason. To be eligible to receive referral rewards through the YumyHub Referral Program, you must connect a bank account or a payment method to your User Account page. Each User has a special referral link that they can share with others and that can be accessed through their user account. You must not pretend to be YumyHub or create the appearance that your referral link is being shared or promoted by us while sharing your special referral link. You may not share or advertise your special referral link using Google Ads or any other similar advertising platform or search engine advertising service. You must let us know how you distribute your special referral link in the Bio/ Website section of your YumyHub account. The Referred Creator must use the same browser they used to click on your special referral link in order to register with YumyHub after they have done so.

If someone registers for YumyHub using a method other than your special referral link, we won’t link that account to your recommendation, and you won’t get paid for referrals. Prior to clicking on your special referral link, the Referred Creator must not have created a User account with YumyHub (under the same name or a different one). No referral fees will be provided to you for the referral if the referred creator is or has ever been a YumyHub user. Referral rewards will only be provided to you on the revenue produced by the Referred Creator from their original User account if they create further User accounts. You won’t receive any referral money for any other User accounts that the Referred Creator creates. No referral fees will be paid to you for any referral of a Referred Creator that we consider to be a part of your commercial network or one that you own, administer, or control. In order for us to identify whether you own or run the Referred Creator or whether you have a business connection with the Referred Creator, you will supply us with any information we need. You acknowledge that when advertising YumyHub as a Referring User in any way, you will: You won’t misrepresent YumyHub, its users, its services, programs, and content (including content made available through YumyHub), and you won’t misrepresent the Terms of Service. You won’t say anything to a possible Creator that implies they’ll get paid a certain amount (or nothing at all) for using YumyHub, or anything about how many Fans they’ll probably get. referral bonuses: How are referral fees determined? The Referring User will receive a referral payment equal to five percent (5%) of Fan Payments produced by the Referred Creator once they have registered as Users of YumyHub in accordance with the guidelines of the YumyHub Referral Program outlined above. This payment will be made for the “LIFETIME” of the YumyHub account of the Referred Creator. The referral reimbursements from the referred creator to the referring user have “NO LIMIT” on them. The referring user may refer an unlimited number of creators and earn referral commissions.

The referral bonuses cannot be transferred to another party. In addition, the referring user’s YumyHub account must be active in order to continue getting referral bonuses. Unless otherwise specified in the “Promoting Tax compliance and VAT” section of the Terms of Use for Creators, if you are a Referring User, you should be aware that all referral payments we make to you will be inclusive of any VAT (as defined in the Terms of Use for Creators) that is or becomes chargeable on any supplies you make. Selecting a payout method to get referral rewards: Before you may start receiving referral earnings, you must select one of the payout options that YumyHub offers for your home country. “Payout Options” are the names of these procedures. Who is responsible for paying the referral fee? We, not the Referred Creator, are responsible for paying the referral fee.

Regarding the referral program, our legal rights. If referral payments have been made improperly, we have the right to seek restitution from the User to whom the improper payments were made. To verify any referral payments to be made and the recipient of such referral payments, we may ask you or Referred Creators (or both) to provide us with ID and any other information we deem reasonably necessary. If you don’t give us the information we ask for, you risk losing your right to referral rewards for the relevant Referred Creator. Conditions under which we reserve the right to withhold referral fees: All or a portion of the referral fees that are owed to you but have not yet been paid out may be withheld by us: if we believe you have or may have frequently and substantially violated any provision of the Terms of Service; if you attempt to violate or threaten to violate any provision of the Terms of Service in a way that could be very harmful to us or another User (including actual or potential loss to us or another User); or if we have reason to believe that you, the Fan who made the Fan Payment to the Referred Creator that resulted in the referral payment, or the Referred Creator to whom the Fan Payment was made, engaged in any illegal or fraudulent activity that caused all or a portion of the referral payments owed to you, for as long as required to investigate any breaches by you that are actual, threatened, or suspected, as well as any alleged wrongdoing or fraudulent behavior (as applicable). If, after looking into it, we determine that I you have seriously or repeatedly violated any term of service; (ii) you have attempted or threatened to violate any term of service in a way that has or could cause serious consequences for us or another user (including actual or potential loss caused to us or another user); and/or (iii) all or any portion of referral payments owed to you are the result of illegal or fraudulent activity, we may notify you.

If you secure, encumber, pledge, assign, or otherwise permit a lien to be placed on referral payments, we reserve the right to withhold all or any portion of the referral payments promised to you but not yet paid out. We are under no obligation to pay third- party lienholders referral fees, and we have the right to postpone any creator earnings until the lien is released.

When we have a legal right to do so under these Referral Program Terms, we may withhold or forfeit any money owed to you under the YumyHub Referral Program without incurring any liability to you. If we are withholding all or a portion of the referral payments that are owed to you and we determine that a portion of those payments is unrelated to any violations of the Terms of Service or suspected illegal or fraudulent activity by you, we may make arrangements for you to receive the portion of the referral payments that is unrelated to those violations. You acknowledge, however, that we may withhold all referral payments owed to you that have not yet been received and may offset such amounts against any losses we may incur as a result of your breach(es) of the Terms of Service.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Use YumyHub in any way that is against any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws against prostitution and sex trafficking; (b) laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, disseminating, or otherwise accessing illegal copies of copyrighted, trademarked, or trade secret materials.

Posting, uploading, or disseminating any content that features anybody under the age of eighteen (18).
post, upload, or share content that features any person without verifying through written records that all subjects are, in fact, eighteen (18) years of age or older. These records must also include written authorization from each identifiable subject of the submission for the use of their name or likeness and permission for the submission to be used as the Company has in mind.

Post, upload, or share any content that is illegal, harmful, defamatory, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, likely to cause annoyance, intimidation, alarm, embarrassment, distress, inconvenience, or any other objectionable content, or any content that, in the sole judgment of the Company, is otherwise inappropriate. Attempt to bypass any measures of YumyHub designed to prevent or restrict access to YumyHub, or any portion of YumyHub.

Posting, uploading, or sharing content that shows, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) I sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent; hypnosis; intoxication; sexual assault; torture; sadomasochistic abuse or hardcore bondage; weapons (unless obviously fake age-playing or the suggestion of participants who are underage, as well as any overt or covert instances of prostitution or human trafficking; (ix) “revenge porn,” which is defined as any content featuring a person who has not given their consent for that content to be (a) taken, captured, or otherwise memorialized, or (b) posted, uploaded, or shared on YumyHub; (x) illicit or illegal drugs; (xi) self-harm or suicide; and (xii) any other illegal behavior or behavior that may be deemed obscene under applicable law.

  • Systematically retrieve data or other content from YumyHub to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm YumyHub.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use YumyHub in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to YumyHub.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of YumyHub.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion YumyHub to you.
  • Copy or adapt YumyHub’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of YumyHub.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses YumyHub, or using or launching any unauthorized script or other software.
  • Post, upload, or distribute materials that a reasonable person would deem insulting, threatening, abusive, or hurtful according to an objective standard. In this case, the terms “reasonable” and “man” refer to the beliefs and moral standards that are established by the majority of Creators or users across all genders inside the community, not to the reasonable onlooker in the street. Normal use may include elements and content that some users may find offensive or objectionable, but that is not against the law in the Creator’s country. Items that violate local law enforcement, cause excessive suffering to the people depicted in the content, or are shared without the subjects’ agreement would be categorized as harmful content.
  • Post, upload, or share any hate speech-containing content, including (1) any content (including stereotypes and symbols) posted to YumyHub with the intention to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Class(es)”), (2) statements that promote violence against.
  • Use a buying agent or purchasing agent to make purchases on YumyHub.
  • Make any unauthorized use of YumyHub, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use YumyHub as part of any effort to compete with us or otherwise use YumyHub and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Communicate outside of the YumyHub platform or sharing personal contact information
  • Users about the type of any paid material that is being offered;
  • Attempt to defraud the Company or our Users (such as accepting payments using credit cards that have been stolen while collaborating with a member or “hacker” to do so).
  • A deliberate attempt to misrepresent recorded material as live streaming.
  • Renege on any legitimate promise you made to fans to support the sale of your content.
  • Record or broadcast sexual or nudity from any public space where viewers are logically likely to observe your content.
  • Without the individual’s permission, disclose any other YumyHub user’s or third party’s personal information.
  • For the aim of engaging in sexual behavior, solicit or accept funds for travel or in-person meetings.
  • Neither should you misrepresent the Company or our users, nor should you harass, slander, or otherwise obstruct the Company or our users.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

  1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site

  1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms of Use;
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
  3. A statement that you will accept service of process from the party that filed the Notification or the party’s agent;
  4. Your name, address, and telephone number;
  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  6. Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Yumy Hub Legal Department
Attn: Copyright Agent
1001 S. Main St #49 Kalispell, MT 59901
support@yumyhub.com

TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Montana applicable to agreements made and to be entirely performed within the State of Montana, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Montana, Montanza. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Montana, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law

  1. No arbitration shall be joined with any other proceeding;
  2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration

  1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  3. Any claim for injunctive relief

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site is provided on an as-is and as-available basis. you agree that your use of the site and our services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any

  1. Errors, mistakes, or inaccuracies of content and materials,
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. Any interruption or cessation of transmission to or from the site,
  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising or $100.00 usd. certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions;
  2. Use of the Site;
  3. Breach of these Terms of Use;
  4. Any breach of your representations and warranties set forth in these Terms of Use;
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Yumy Brands, LLC 1001 S. Main St #49 Kalispell, MT 59901

Last Updated: December 1st, 2022

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