Terms & Conditions

Yodabooth COOKIE USAGE POLICY

1.POLICY

1.1 This cookie usage policy (the “Policy”) describes how Yodabooth, a brand of sharingbox SA/NV: a company existing and operating under Belgian law, with statutory seat located at Rue Saint-Denis 112 - 1190 Forest and registered at the Crossroads Bank for Enterprises under company number 817.422.859 (“Yodabooth”, “we”, “us”, “our”), uses cookies on our websites (our “website”).

1.2 For more information on how Yodabooth processes personal data, please read our Privacy Policy accessible through this link : [https://us.yodabooth.com/].

2. WHAT ARE COOKIES ?

2.1 Cookies are text files that your web browser (for example Google Chrome, Firefox or Internet Explorer) places on your computer or mobile phone when you visit a website. Cookies allow our website to remember your actions and preferences and to recognize you when you come back, so that we can analyse trends, determine your interests, administer our website and remember your preferences (for example, your language choice) to speed up the browsing process and improve your user experience.

2.2 Yodabooth uses cookies and similar technologies on our website to collect certain information about you as a visitor to our website (“you”, “your”). For example, we may collect information about the browser and operating system you use, your IP address, the pages you visit on our website, the links you click on, the websites you visited before coming to our website and the e-mails sent to you that you open or transfer. The collection of this information helps us to provide a website that best suits the interests and preferences of our users and to identify products and offers that may be of interest to you.

2.3 We use both session cookies and persistent cookies on our website. Session cookies are cookies that are automatically deleted when you close your browser. Persistent cookies are cookies that are stored on your device for a period of time.

2.4 We use both first-party and third-party cookies. First-party cookies are managed by Yodabooth. Third-party cookies are cookies that are set by third parties. Third-party cookies belong to a different domain name than the one displayed in the browser address bar when you visit our website.

3. LIST OF COOKIES USED ON OUR WEBSITE

3.1 Please see below the list of cookies that Yodabooth uses on our website:

1. Functional cookies

Purpose: these cookies are used to provide you with a more personalised service and to facilitate navigation on our website, to recognize your computer when you visit our website and to improve the user experience on our website (e.g. by ensuring appropriate load balancing on our servers).

Cookie owner:Yodabooth.

Type of cookie:session cookies.

Examples:

  • 240plan
  • 240planBAK
  • PHPSESSID

2.Non-functional cookies

Purpose: these cookies help us to improve our products and services (e.g. by remembering your language preferences). This information helps us display our content more adequately to you.

Cookie owner:Yodabooth.

Type of cookie:session and persistent cookies.

Examples:

  • _icl_current_language
  • bs_lang

3. Google Analytics

Purpose:Google Analytics is used to collect information about how visitors interact with our website. We use this information to compile reports and to help us improve our website. This information, collected in aggregate form, allows us to know the number of visitors to our website, how those visitors came to our website and the pages they visited.

Cookie owner:third party (Google).

Type of cookie:session and persistent cookies.

Examples:

  • _ga
  • _gid
  • _dc_gtm
  • _gat
  • NID
  • check
  • Yodabooth_com
  • visitor_v2

4. Hotjar

Purpose:Hotjar is used to collect information about how visitors interact with our website. We use this information to compile reports and to help us improve our website. This information, collected in aggregate form, allows us to know the number of visitors to our website, how those visitors came to our website and the pages they visited.

Cookie owner:third party (Hotjar).

Type of cookie:session and persistent cookies.

Examples:

  • HotJarCookie
  • _hjIncludedInSample

3.2 The information generated by the cookies and related to your use of our website (including your IP address) is transmitted to and stored by Google and Hotjar.

3.3 For more information about the use of Google Analytics, please read the Google Analytics Privacy Policy accessible via this link:https://policies.google.com/technologies/partner-sites?hl=en-GB.

3.4 You can prevent Google from collecting information from cookies by downloading and installing a plug-in for your browser available at https://tools.google.com/dlpage/gaoptout?hl=en.

3.5 You can prevent Hotjar from collecting your browser data via this link: https://www.hotjar.com/legal/compliance/opt-out.

4. HOW TO MANAGE COOKIES

4.1 You can delete all cookies that are already on your computer and you may configure your browser to refuse, accept or delete cookies from websites, including ours, at any time.

4.2 Cookie settings can vary from one browser to another. By way of example, the below hyperlinks provide further guidance on how to disable the use of cookies on certain browsers and/or on how to delete cookies:

  • Google Chrome:https://support.google.com/chrome/answer/95647?hl=en;
  • Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies and http://windows.microsoft.com/en-us/internet-explorer/delete-manage-coo kies#ie=ie-11-win-7;
  • Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences?redirectlocale=en-US&redirectslug=Enabling+and+disabling+cookies and https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites -stored.

4.3 Please note that if cookies are disabled or removed, not all features of our website will operate as intended. For example, you may not be able to use all of the features we offer, you may not be able to store your preferences and some of our pages may not display properly.

4.4 To learn more about the behavioural advertising practice and to make choices regarding our use of targeting or advertising cookies, you can visit http://www.youronlinechoices.eu.

5. AGREEMENT WITH OUR USE OF COOKIES

5.1 By continuing to use our website, you acknowledge that you have read the terms of this Policy and that you consent with our use of cookies as set out above (unless you expressly indicated otherwise).

6. MISCELLANEOUS

6.1 Yodabooth reserves the right to update this Policy from time to time. If we make any changes to this Policy, we will inform you so that you are always aware of how we use cookies on our website.

6.2 For more information about how Yodabooth processes your personal data, please read our Privacy Policy accessible via this link:[https://us.yodabooth.com/pages/terms-conditions].

6.3 In case of conflict or incompatibility between a provision of this Policy and a provision of the Yodabooth Privacy Policy, the provision of the Yodabooth Privacy Policy shall prevail.

6.4 If you have any questions about our use of cookies, please send us an email at gdpr@yodabooth.com.

Terms & Conditions

GENERAL CONDITIONS OF SALE FOR PROFESSIONALS


This Sales Agreement ("Agreement") is entered into by and between Yodabooth ("Seller") and the customer (“Purchaser”).

ARTICLE 1: SCOPE OF APPLICATION

These general conditions shall govern the sale of fun and customisable photo terminals for taking photos or videos autonomously and automatically which can be published on social networks, hereinafter referred to as the “Yodabooth” or “Product”, and carrying out services associated with the Yodabooth, such as delivery, installation, and configuration of the Product. These general conditions are deemed to be expressly accepted by the Purchaser at the time of signing the purchase order or the offer. They apply exclusively to the relationship between the Seller and the Purchaser, to the exclusion of any general conditions of the Purchaser. Any deviation from these general conditions will apply only if they have been subject to the express written acceptance of the Seller.

These general conditions form the contract between the Purchaser and the Seller (‘the Contract’).

ARTICLE 2: DELIVERY OF THE PURCHASED GOODS AND LIABILITY OF THE PURCHASER

The delivery obligation of the Seller will, in all cases, be suspended if the Purchaser does not meet all its financial obligations to the Seller. At the time of delivery of the Yodabooth, the Purchaser shall sign the goods received a note confirming receipt of the Yodabooth, its good working condition and what has been agreed with the Seller.

The risks and dangers are transferred to the Purchaser upon delivery of the Yodabooth at the place previously indicated by it. The transportation cost of the Yodabooth is at the charge of the Purchaser.

The Purchaser undertakes to make use of the Yodabooth in a manner that complies with its intended purpose and which is not contrary to morality or public order.

ARTICLE 3: CONDITION OF THE EQUIPMENT

All equipment made available to the Purchaser by the Seller is deemed new regarding presentation and maintenance, in accordance with the request of the Purchaser.

By accepting the equipment and signing the goods receiving note, the Purchaser hereby acknowledges that the Yodabooth is delivered in good working condition, that it has approved the equipment and is fully conversant with its use.

On the day of signing the goods receiving note, the Purchaser confirms:

  • The configuration complies with the commissioning of the order.
  • The proper functioning and operating of the Yodabooth that has been ordered.

The Purchaser must return the signed goods receiving note via email (scan) on the day of receipt of the Yodabooth and then send the original copy by post to the following address - sharingbox inc. - 47 Thames Street, Unit 106, Brooklyn, NY 11237 - within five days of delivery.

ARTICLE 4: PAYMENT

The Purchaser, who concludes this Contract, is liable for payment of the sums as indicated on the order form or the offer. Any order placed is considered final and shall not give rise to total or partial cancellation without the express written agreement of the Seller. In case of cancellation of the order by the Purchaser without the prior agreement of the Seller, the Purchaser will be required to pay the Seller an amount corresponding to 50% of the sums indicated on the purchase order or the offer.

On the day of signing these general conditions, the Seller will issue the invoice corresponding to the sums as indicated on the purchase order or the offer.

Invoices are payable upon receipt. Prices are always exclusive of taxes. Invoices drawn up by the Seller will take into account the tax and social security provisions in force on the date of invoicing.

Delivery will be made subject to proof of payment of all sums due. If payment is not made, the Yodabooth will not be delivered to the Purchaser.

Besides, any delay in payment will, automatically and without formal notice, increase the sums due by applying conventional interest of 1% per month until the effective payment date and a lump-sum payment of 10% of the sums due without prejudice to the Seller’s other rights to compensation.

ARTICLE 5: OBLIGATION TO PROVIDE INFORMATION

The Purchaser acknowledges having received, upon delivery, all information relating to the use and the safety measures to be taken when using the Yodabooth. Similarly, the Purchaser acknowledges having received, upon delivery, all information relating to the building of the Yodabooth & the use of the printer.

ARTICLE 6: EQUIPMENT WARRANTIES

6.1 Quality warranty

The equipment is insured for one year from the date of delivery of the Yodabooth to the Purchaser. Beyond one year, the Purchaser may call on the Seller to act as a go-between with its suppliers, but in no event shall the Seller be liable for the proper functioning of the various components of the machine beyond the one-year warranty period.

In the event of breakage resulting from the use of the Yodabooth that does not comply with its intended purpose, the warranty does not apply, and the repair or replacement of the equipment is the sole responsibility of the Purchaser.

The warranty does not apply if the Purchaser has downloaded other software onto the Yodabooth or has added components, and these changes have caused damage to the Yodabooth.

In any event, the Seller shall remain liable to the Purchaser for any applicable statutory warranty, including the warranty against hidden defects insofar as it is applicable. Accordingly, if and where applicable, the Seller will take responsibility for all dealings with the manufacturers of the various components of the Yodabooth to ensure that the Purchaser shall benefit from the corresponding manufacturer’s warranties.

6.2 Safety warranty

The Seller guarantees that the Product contains no malware likely to undermine the integrity of the information system of the Purchaser. In this respect, the Seller will carry out all the appropriate tests and undertakes to check the computer components of the Yodabooth before delivery to the Purchaser.

In case of the introduction of malware, the Seller and the Purchaser agree to work together to determine its origin by mutual agreement and to eradicate its consequences. If it proves that the introduction of malware is attributable to one party, this party bear the diagnosis and repair costs.

ARTICLE 7: LIABILITY - INSURANCE

Each Party will be liable to the other Party according to the rules of common law and will indemnify this other party for any damages of whatever nature arising from the non-execution or breach of the obligations of the Contract.

The Purchaser acknowledges that the Seller shall, under no circumstances, be held liable for damage caused during use by the Purchaser or a third party of the Yodabooth, unless there is a hidden defect.

Each party is responsible for its staff members and subcontractors and any damage caused by the latter.

Neither party is liable for damages resulting from a case of force majeure as defined by case law (and especially in case of inclement weather, natural hazard, strike or civil disorder/unrest). Each party declares to be the holder, and maintain for the duration of the Contract, of insurance contracts covering the liabilities defined by all legislative and/or regulatory texts.

ARTICLE 8: SOFTWARE LICENSE

The Purchaser can take out a software license contract with Yodabooth to use the Yodabooth software.

ARTICLE 9: CONFIDENTIALITY

The Purchaser acknowledges that all information and documents at its disposal or acquired in any manner whatsoever, within the framework of the Contract, are the exclusive and sole property of the Seller and are confidential (hereinafter referred to as «Confidential Information»). The Purchaser undertakes to treat the Confidential Information with at least the same level of caution that it would do so regarding its confidential information and declares that it will treat such information with reasonable care.

The Purchaser acknowledges that the rates and clauses of the Contract are confidential and undertakes not to disclose them to third parties.

The Purchaser undertakes to limit access to the Confidential Information to those of its employees who need to know this Confidential Information concerning the purpose of the Contract and who have agreed in writing to comply with substantially similar provisions and as restrictive as those in the Contract.

The Purchaser acknowledges and agrees that a breach of this clause by the Purchaser would cause the Seller exceptional harm and damage and that that the Purchaser would be held liable. Such a breach will, therefore, result in the payment of damages to the Seller.

ARTICLE 13 : MISCELLANEOUS

13.1 Sanctity of Contract

The Parties intend to be legally bound by these general conditions which shall replace any prior negotiations and agreement on this subject.

13.2 Severability

If any of the clauses of these general conditions were to be unlawful, null and void or not applicable, the other clauses of these general conditions would remain unchanged and would continue to apply as if the illegal, null and void or non-applicable provisions were no longer contained in these general conditions.

13.3 Faxing, Scanning

These general conditions may be signed by electronic signature (e-signature) in several copies. Each copy, thus obtained, shall be deemed to be an original copy, all of which together constitute one single legal text.

SECTION 14: DIGITAL MILLENNIUM COPYRIGHT ACT

Yodabooth respects the intellectual property of others and Yodabooth complies with the notice and takedown procedures defined in section 512 of the United States Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any content on Yodabooth’s website infringes upon your copyrights, please submit a notification pursuant to the DMCA by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and

that you are the copyright owner or authorized to act on the copyright owner’s behalf. Yodabooth’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, sharingbox Inc., 47 Thames Street, Unit 101, Brooklyn, NY 11237 or via e-mail (support@yodabooth.com).

ARTICLE 15: LITIGATION AND APPLICABLE LAW

This Agreement shall be governed by, subject to, and construed according to the laws of the State of New York of the United States of America without giving reference to its conflict of laws principles (except for N.Y. Gen. Oblig.L. § 5 1401). Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be brought exclusively in the United States District Court for the Southern District of New York or in the state courts of New York,and the Parties to this Agreement hereby accept and submit to the personal jurisdiction of the foregoing courts with respect to any legal actions, suits or proceedings arising out of this Agreement.

Refund Policy

All Sales Are Final.

Shipping Information & Policy

PHOTOBOOTHS

All our photo booths take a standard of 6-7 weeks to manufacture. Shipping cost is not included in the offer price. The Purchaser will choose the shipping method after purchasing the Product.

INTERNATIONAL ORDERS OUTSIDE USA

For all orders outside the United States, shipping cost, duties, customs and brokerage fees are not included in the offer price and will need to be taken care of by you.

SOFTWARE LICENSE AGREEMENT

This Software License Agreement ("Agreement") is entered into by and between Yodabooth ("Licensor") and the customer (“Licensee”).

ARTICLE 1: GRANT OF LICENSE

Subject to the terms and conditions of this Agreement, Yodabooth grants to Licensee a non-exclusive, non-transferable license to use its photo booth software (the “Licensed Program”) for photo booth activations and photo marketing. Licensee may not transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.

This license is expressly limited to one computer. If Licensee desires to add more computers to the agreement, it shall notify Licensor of such fact and agree to pay an additional fee recited linked to the additional license.

ARTICLE 2: CONSIDERATION TO THE LICENSOR

The licensee shall pay, upon delivery of the Licensed Program, the license fees set in the signed offer.

License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full.

ARTICLE 3: COPIES & OWNERSHIP

Licensee may not make copies of the Licensed Program. The original and any copies of the Licensed Program, made by Licensee, including translations, compilations, partial copies, modifications, and updates, are the property of Yodabooth. The provisions of this clause shall survive termination of this Agreement.

ARTICLE 4: TERM

This Agreement shall be effective as of the date of execution by both parties and shall extend for the period agreed by both parties in the signed offer (“Initial Term”). This Agreement shall be automatically renewed for an additional term equal to the Initial Term unless Licensee shall provide the Licensor in writing of its intention not to renew the Agreement, said notice to be provided at least ten (10) days before the expiration of the then-in-effect Term by email to support@yodabooth.com.

ARTICLE 5: TERMINATION

Licensor may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within ten (10) days after written notice thereof from Yodabooth.

In the event of termination, Licensee will immediately discontinue use of the Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will furnish to the Licensor a certificate which certifies with respect to each of the Licensed Programs that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and any form, of each of the Licensed Programs have been destroyed.

ARTICLE 6: SUPPORT

Licensor will provide to Licensee, the following support concerning the Software:

If Licensee notifies Licensor of a substantial program error respecting the Software, or Licensor has reason to believe that error exists in the Software, and so notifies Licensee, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification. If Licensee is not satisfied with the correction, then Licensee may terminate this Agreement, but without refund of any amount paid to Licensor or release of any amounts due Licensor at the time of termination.

In the case that Licensee has technical questions in the use of the Licensed Program, Licensee may submit those questions to Licensor via support@yodabooth.com. Licensor shall provide consulting to answer such questions without charge.

For the whole duration of the agreement, the Licensee will receive patch updates free of charge. What is meant by patch updates is all updates whose objective is to correct a bug or defect affecting the software and restricting, or even preventing, its use by the Licensee. Updates available must be made to ensure the correct use of the software.

ARTICLE 7: DELIVERY OF LICENSED PROGRAMS

Yodabooth shall use its best efforts to deliver the Licensed Program promptly after receipt of the purchase order and the payment of the first month of the license.

ARTICLE 8: DATA & SERVER

The monthly cost to the Licensee of the Software license is determined in the signed offer and is per month and license (1 license per computer or photo booth) and includes the following services:

Sending photos via the Seller’s server at a maximum volume of 15,000 photos per year; Beyond the annual sending limit of 15,000 photos, the cost per 1,000 photos sent will be 4$. This operation will be charged on a monthly basis.

The backup of data on the Licensor’s servers at a maximum volume of 20,000 photos at any time; Beyond the storage limit of 20,000 photos, the Licensee will have two options:

The Licensor may provide the Licensee, if the latter so wishes, with photos that it no longer wishes to keep on the server. A download link for the photos will be available for one month after exceeding the storage limit. Photos will then be deleted permanently from the Licensor’s server without warning.

The Licensee may benefit from a higher storage capacity upon payment of a cost of 4$ per 1,000 photos per year. This transaction will be subject to monthly billing. This operation will be charged on a monthly basis. Payment is due for any month when storage has already started. In the event of a breach of this agreement: all photos will be permanently deleted from the Licensor’s server within three months.

In the event of non-payment of software license costs for a consecutive two-month period, photos will be no longer be accessible and will be permanently deleted from the server. If the contract is not renewed, all photos will be deleted within one month after the end date of the software license.

ARTICLE 9: INTELLECTUAL PROPERTY

The Licensor declares to be the owner and/or to have acquired from all third parties all the intellectual property rights of the sharingbox operating system to allow its use by the Holder.

ARTICLE 10: PAYMENT

The Purchaser, who concludes this Contract, is liable for payment of the sums as indicated on the order form or the offer. On the day of signing these general conditions, sharingbox will issue the invoice corresponding to the sums as indicated on the purchase order or the offer. The license will be charged at least monthly and otherwise as agreed between the parties. In case of cancellation of the order by the Licensee without the prior agreement of the Licensor, the Licenséé will be required to pay the Licensor an amount corresponding to 50% of the sums 50 % of the amount remaining until the anniversary date of this agreement. The amount of the invoice will be based on the indicated prices on the purchase order or the offer. Invoices are payable upon receipt. Prices are always exclusive of taxes. Invoices drawn up by the Licensor will take into account the tax and social security provisions in force on the date of invoicing. Besides, any delay in payment will, automatically and without formal notice, increase the sums due

by applying conventional interest of 1% per month until the effective payment date and a lump-sum payment of 10% of the sums due without prejudice to the Licensor’s other rights to compensation.

ARTICLE 11: WARRANTY DISCLAIMER

Licensee accepts, the licensed programs «as is.» The licensor provides no warranties as to the function or use of the licensed software, whether express, implied, or statutory, including without limitation, any implied warranties, merchantability or fitness for particular purpose.

The entire risk as to the quality and performance of the licensed software is with the licensee. Licensor does not warrant that the functions contained in the licensed programs will meet Licensee's requirements or that the operation of the licensed software will be uninterrupted or error-free.

ARTICLE 12: LIMITATION OF LIABILITY

Licensor’s liability to Licensee under any provisions of this agreement for damages finally awarded shall be limited to the amounts paid hereunder by the Licensee to the Licensor. In no event shall the Licensor be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, however, caused or any theory of Liability.

ARTICLE 13: NON-ASSIGNMENT

This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of the Licensor.

ARTICLE 14: SUCCESSORS

This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.

ARTICLE 15: IMAGE AND PERSONAL DATA

The Licensee acknowledges that it is solely responsible for the processing of personal data and images collected when using the Yodabooth. Accordingly, the Licensee undertakes to comply with all legal provisions applicable to the collection and processing of this data and images including, but not limited to, the legal rules in the country the software will be used. The Licensee will, at all times, have access, within the limits of the availability of computer technology, to data and images stored by the Licensor.

The Licensor and its subcontractors will implement reasonable measures to provide the Licensee with an optimal data storage service. However, the Licensor shall, under no circumstances, be held liable for direct or indirect damages related to the accuracy, quality, reliability or availability of the data storage services. In this regard, the Licensor cannot notably guarantee that the data storage services of its subcontractors will be uninterrupted and free from error or that the data will be stored safely and permanently.

ARTICLE 16: CONFIDENTIALITY

16.1 Licensee recognizes that Yodabooth regards the Licensed Program as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Program, or any portion thereof, to any person other than employees of Licensee without the prior written consent of Yodabooth. Licensee further agrees to treat the Licensed Program with at least the same degree of care with which Licensee treats its confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Program.

16.2 Licensee acknowledges that all information and documents at its disposal or acquired in any manner whatsoever, within the framework of the agreement, are the exclusive and sole property of the Licensor and are confidential (hereinafter referred to as “Confidential Information”). The Licensee undertakes to treat the Confidential Information with at least the same level of caution that it would do so regarding its confidential information and declares that it will treat such information with reasonable care.

The Licensee acknowledges that the rates and clauses of the Agreement are confidential and undertakes not to disclose them to third parties.

The Licensee undertakes to limit access to the Confidential Information to those of its employees who need to know this Confidential Information with regard to the purpose of the Agreement and who have agreed in writing to comply with substantially similar provisions and as restrictive as those in the Agreement. Furthermore, the Licensee undertakes to ensure that an individual confidentiality agreement shall be signed by all persons involved in the execution of the Agreement or know the details of it.

16.3 The Licensee acknowledges and agrees that :

  1. The Confidential Information represents a significant investment in terms of time, effort and cost on the part of the Licensor and provides the Licensee with a significant competitive advantage in its business activity and
  2. a breach of this clause by the Licensee would cause the Licensor exceptional harm and damage and that the Licensee would be held liable. Such a breach will, therefore, result in the payment of damages to the Licensor.

SECTION 17: DIGITAL MILLENNIUM COPYRIGHT ACT

Yodabooth respects the intellectual property of others and Yodabooth complies with the notice and takedown procedures defined in section 512 of the United States Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any content on Yodabooth’s website infringes upon your copyrights, please submit a notification pursuant to the DMCA by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and

that you are the copyright owner or authorized to act on the copyright owner’s behalf. Yodabooth’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, sharingbox Inc., 47 Thames Street, Unit 101, Brooklyn, NY 11237 or via e-mail (support@yodabooth.com).

ARTICLE 18: MISCELLANEOUS

18.1 Sanctity of Agreement

The Parties intend to be legally bound by this Agreement which shall replace any prior negotiations and agreement on this subject.

18.2 Severability

If any of the clauses of this contract were to be unlawful, null and void or not applicable, the other clauses of this Agreement would remain unchanged and would continue to apply as if the illegal, null and void or non-applicable provisions were no longer contained in these general conditions.

The parties shall then agree to replace the clause declared null and void with a clause which will be most similar to its content and the economic balance of the initially adopted clause.

18.3 Faxing, Scanning

This Agreement may be signed by electronic signature (e-signature) in several copies. Each copy, thus obtained, shall be deemed to be an original copy, all of which together constitute one single legal text.

ARTICLE 19: LITIGATION AND APPLICABLE LAW

This Agreement shall be governed by, subject to, and construed according to the laws of the State of New York of the United States of America without giving reference to its conflict of laws principles (except for N.Y. Gen. Oblig.L. § 5 1401). Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be brought exclusively in the United States District Court for the Southern District of New York or in the state courts of New York,and the Parties to this Agreement hereby accept and submit to the personal jurisdiction of the foregoing courts with respect to any legal actions, suits or proceedings arising out of this Agreement.

Get in Touch

Or you can email us at hello@yodabooth.com