This Consent replaces all other Terms and Conditions and consents for the electronic delivery of Information between you and the company Zapcow - Yoobux hereby referred to as Yoobux, and/or any of its affiliates such as Zapcow Inc and Yoozap.
This Consent hereby referred to as Terms and Conditions, governs the electronic delivery to you of Information. Information includes periodic account statements, disclosures, notices, confirmations, certificates, tax documents, terms and conditions, or other offering documents, account opening applications, agreements and amendments applicable to your account, or other information we deem may be required or permitted to send to you now or in the future under the regular operational parameters for your Yoobux account.
This Consent takes effect immediately upon acceptance of this Terms and Conditions and also applies any time you change your mobile device.
When new Information in electronic form is available for you to access, we will send a message to your Notifications. We may also send you an email to notify you that Information is available through your Yoobux notifications.
Please note that email communication is not secure or reliable and email notifications may not be received by you in a timely manner or at all. We will not be responsible to you for any damages or costs resulting from your failure to receive an email and/or notification.
Information may be presented as PDF files and may require you to have Adobe Reader or other third party software installed on your Device. We do not own or operate, and are not responsible for, Adobe Reader or any other third party software.
Your Information is deemed to be delivered to you on the day that it is made available to you through the Yoobux App delivery system and not on the day that you actually access it.
By consenting to use the Yoobux app, you understand that you must access the Yoobux app to access your Information and agree to do so on a regular basis. Choosing to access the Yoobux app does not change your obligation to log into the Yoobux app to access your electronic Information. We will not be responsible to you for any damages or costs resulting from your failure to access your Information, or log into the Yoobux app.
You will advise us of any changes to your contact information that you have provided in connection with the Yoobux app, including any change in your email address.
Information in electronic form sent to your Yoobux messages will be available for up to 90 days from the date we first notify you in the Yoobux messages, unless the Information is deleted by you. Information in electronic form sent to your Notifications History page in your Yoobux app account will be available for up to 2 years.
It is your responsibility to retain a copy of your Information by printing or saving it while it is available to view in Yoobux messages or your Yoobux notifictions history.
You represent to us that you have the authority to enter into this agreement with respect to your Yoobux account.
Yoobux reserves the right to change or amend this Terms and Conditions at any time, for any reason, or for no reason at all, at Yoobux's sole discretion. The most recent version of this Terms and Conditions will be posted on the Terms and Conditions page. Although Yoobux will provide notice of material changes to this text on the Terms and Conditions, as a Yoobux user it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Yoobux user object to any Terms and Conditions of this text or any subsequent changes to the Terms and Conditions or become dissatisfied with Yoobux in any way, the Member's only solution is to immediately:
As a Yoobux Member, hereby referred to as Member, you will be provided with a variety of Services. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Yoobux reserves the right to enhance, change, or discontinue the Yoobux app functions, in whole or in part, at any time, for any reason, or for no reason at all, at the Yoobuxís sole discretion, with or without notice to the Yoobux Member, and with no obligation to any Yoobux Member(s).
Use of the Yoobux app functions by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. Yoobux reserves the right, but does not assume any obligation, to monitor the Yoobux app functions to enforce this Terms and Conditions. Nor does Yoobux guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Terms and Conditions, Yoobux at its sole discretion, may terminate any Members' access to and use of the Yoobux app, require any Member to correct such violation, and/or take any other actions that Yoobux deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Yoobux reserves the right to terminate your access to and use of the Yoobux app functions if, in Yoobuxs' view, Members conduct fails to meet our interpretation of any possible guidelines violations.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Yoobux and its designees. Yoobux has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Yoobux app functions. Yoobux and its designees shall have the right to remove any content that violates this Terms and Conditions or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Yoobux. Yoobux is not obligated to provide a Member with a warning prior to removal.
If there is a dispute between participants of the Yoobux functions, or any third party, Yoobux is under no obligation to become involved. In the event that Member has a dispute with one or more Members, Member hereby releases Yoobux and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature, regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or any of the Yoobux app functions.
Under no circumstance shall Yoobux be liable as a result of a Member's use or misuse of the Yoobux app, whether the damages arise from use or misuse of the Yoobux app or any of its functions, from inability to use the Yoobux app, or the interruption, suspension, modification, alteration, or termination of the Yoobux app or any of its functions. Such limitation shall also apply with respect to damages incurred by reason of other service or products received through or advertised in connection with the Yoobux app or any of its functions, as well as by reason of any information or advice received through or advertised in connection with Yoobux or any of its functions. These limitations shall apply to the fullest extent permitted by law.
Member agrees to indemnify and hold Yoobux, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of this Terms and Conditions or use of the Yoobux app. Member agrees to hold Yoobux harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Terms and Conditions.
The Terms and Conditions and the relationship between Member and Yoobux shall be governed by and interpreted in accordance with the laws of the Province Of Quebec, without regard to any conflict of law principles to the contrary. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, you the Member and Yoobux nevertheless agree that the court should strive to give effect to Member's and Yoobuxís intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain unaffected and in full force and effect. You the Member agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Yoobux app functions and/or this Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Yoobux makes no representation that any material and/or other content on the Yoobux app is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access the Yoobux app from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
The Terms and Conditions makes up the entire agreement between the Yoobux app Member and Yoobux and governs your use of the Yoobux app functions, superseding any prior agreements between Member and Yoobux. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Yoobux to exercise or enforce any right or provision of the Terms and Conditions shall not result in a waiver of such right or provision. In the event there is a discrepancy between this English language version and any translated copies of the Terms and Conditions, the English version shall prevail.
Users with questions about this Terms and Conditions and any of the above statements may contact Yoobux by writing to:
Yoobux Inc., 12665 27eAve , Montreal, Qc H1E 2A3. or email us (info@yoobux.com)