TERMS OF SERVICE

NEWYES TERMS OF SERVICE

 

These Terms of Use (these “Terms” or the “Agreement”) apply to all websites, software, applications, content, and products, including newyes.com,  (collectively, the “Site”) provided by Shenzhen Newyes Technology Ltd. and its affiliates (“Newyes”, “we”, “us” or “our”) and all services provided by us in connection with such Sites or otherwise, to you, whether individually or on behalf of any entity you represent (“User,” “Users”, “you” or “your”), as well as functionality or services we may choose to provide through some other mechanism (collectively, the “Services”). These Terms govern your use of the Services and constitute a binding agreement between you and NEWYES.

 

PLEASE READ THESE TERMS CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND NEWYES. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES. BY ACCESSING, UPLOADING INFORMATION TO, OR OTHERWISE USING THE SERVICES (INCLUDING BY PURCHASING ANY PRODUCT), YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT (INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN OR AVAILABLE BY HYPERLINK); (2) YOU ARE AT LEAST 18 YEARS OLD, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICES; (4) YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT; AND (5) YOU WILL NOT USE THE SERVICES, DIRECTLY OR INDIRECTLY FOR ANY FRAUDULENT UNDERTAKINGS IN ANY MANNER AND YOUR USE OF THE SERVICES WILL BE IN COMPLIANCE WITH THESE TERMS. THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND NEWYES ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION SECTION.

 

You agree to our Privacy Policy located at https://www.newyes.com/pages/privacy-policy (“Privacy Policy”), which describes our collection, use and disclosure of data and information in connection with the Services. Our Privacy Policy is expressly incorporated into this Agreement, and by using the Services you agree to the collection, use and disclosure practices in our Privacy Policy.

 

SECTION 1 – CHANGES TO THE TERMS

We may change, modify, add or remove portions of this Agreement or our Privacy Policy (each, an “Update”) at any time and in our sole discretion upon notice to you, and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Modified” date below, which shall constitute notice to you. Your continued use of the Services is deemed to confirm your acceptance of the Update. We encourage you to frequently review this Agreement and our Privacy Policy to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the Update, you must discontinue using the Services.

 

SECTION 2 - GENERAL CONDITIONS

Our Services are not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. We do not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently collected information from children without such consent, we will promptly delete it. We reserve the right to refuse to provide the Services to anyone for any reason at any time to the extent permitted by law.

 

SECTION 3 – NEWYES SERVICES

Intellectual Property: We own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and all other elements related thereto. The Services contain the copyrighted material, trademarks, and other intellectual property and proprietary information of NEWYES and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any part of the Services, or any copyrighted material, content, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on or within the Services, including copyright, trademark and other intellectual property notices.

 

License: Subject to these Terms, NEWYES grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services using a supported web browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) or mobile device solely for your own personal purposes and solely as enabled by NEWYES. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree not to use the Services for any other purpose. All rights not expressly granted by NEWYES are reserved.

 

Changes: The Services are evolving and may change over time. NEWYES, its affiliates, and its licensors reserve the right to change, suspend, remove, or disable access to the Services or other materials comprising any part of the Services at any time without notice. In no event will NEWYES be liable for making these changes. NEWYES may also impose limits on use of or access to certain features or portions of the Services without notice or liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

 

Requirements: Use of the Services requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Services and may be required for certain transactions or features, and to download products purchased from the Services. You agree that meeting these requirements, which may change from time to time, is your responsibility, and NEWYES has no responsibility or liability for your failure to meet such requirements. The Services are not part of any other product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee you access to the Services.

 

Wireless: You may access certain Services through a mobile network, your network, or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Services. Your carrier may prohibit or restrict certain Services and certain Services may be incompatible with your carrier or wireless internet device. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of the Service. You are responsible for ensuring that, at all times while using the Services, you are not in violation of your agreement with your telecommunications carrier.

 

SECTION 4 – YOUR CONTENT AND SUBMISSIONS

As between you and NEWYES, you own all content and materials (such as, for example, your notes, files, images or electronic documents) that you write, scan, upload, send, store, transmit, or submit, or otherwise provide (collectively, “notes”) in connection with your use of the Services (collectively, “Your Content”). Consistent with our first principle of data protection - your Content is yours, you can manage your information simply by logging into your account and editing your information directly within the APP. When you use NEWYES Software on your device, some of your data will be stored locally on that device, and the data will be replicated on servers maintained in our server, so that you can sync your Content with different devices by using the same account.

 

You represent and warrant that Your Content will not include any information that is personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law). You also represent and warrant that you are not a “covered entity” for purposes of the Health Insurance Portability and Accountability Act or any state equivalent.

 

You understand that Your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

User Submissions:

You may be able to submit or post certain specific submissions (for example, contest entries) to us or on our Site, including, but not limited to, testimonials, product endorsements, content, comments, questions, opinions, feedback, ideas, suggestions or other materials (collectively, “User Submissions”). NEWYES reserves the right (but not the obligation) to remove or edit such User Submissions, at its sole discretion. You agree that NEWYES has no obligation (1) to maintain any User Submission in confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User Submission. You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submission.

 

You own any User Submission you submit to us or post on our Site. However, if you do supply a User Submission as part of the Services, you automatically grant to NEWYES, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews.

 

You further agree that any User Submission you post may be viewed by other Users and may be viewed by any person visiting or participating in the Services. Although you may be able to remove your User Submission by specifically deleting it, in certain instances, some of your User Submission may not be completely removed and copies of your User Submission may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.

 

Electronic Communications: When you use parts of the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately. To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Note that you may continue to receive communications related to the Services.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

If you purchase products as part of the Services, this Section 5 applies to you. NEWYES’s products may be available through our online retail partners, which may have their own terms of use and privacy policies that we encourage you to review.

 

Availability: Limitations or Refusals. We do not guarantee the availability of any product, even if our Site shows that a particular product is available. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. We may not have all products or product lines available online. If a product becomes unavailable following a transaction, your sole remedy is a refund, replacement (if a replacement is available), or credit. If technical problems prevent or unreasonably delay delivery of your product, your sole remedy is either replacement or refund of the price paid, at our sole option. We reserve the right, in our sole discretion, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or Services that we offer. Any offer for any product or Services made on this Site is void where prohibited. We reserve the right to refuse any order you place with us.

 

Online Returns: Certain products or services may be available exclusively online through the Site. Returns or exchanges for such products purchased directly from newyes.com will be handled in accordance with our Return Policy.

 

Payment: To the extent you are required to submit payment information to us for your use of the Services (including to pay for products), we may use a third party payment service to process such information and facilitate the applicable payments. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service and agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to this Agreement. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

 

Site Transactions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Taxes: We will charge taxes on products purchased when taxes are applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

 

Products: Products you purchase to use with our Services may have their own separate set of instructions provided by third party manufacturers and are subject to separate terms and conditions supplied with such products. We encourage you to refer to these product-specific terms prior to, and in connection with, your use of the Services.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You may be required to create an account to access certain parts of our Services, which will require you to provide us with certain personal information, which may include your name and email address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. In order to create your account you will be required to set a password. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account. We will assume that if your login or payment method are used to access the Services, the User has the legal authority to use such login or payment method. You must provide accurate and complete information in response to our questions and you are solely responsible for keeping that information current. You agree not to share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us and modify your login information. You are responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and that they comply with them.

 

You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

 

SECTION 7 – OPTIONAL THIRD PARTY TOOLS AND LINKS

Tools. We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

 

Links. Certain content, products and Services available via our Services may include materials from third parties. Third party links on our Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. The linked sites are not under our control, and we are not responsible for the content available on any websites linked to the Services or for any loss or damage that may arise from your use of them.

 

SECTION 8 - PERSONAL INFORMATION

Our use of your personal information in connection with the Services is governed by our Privacy Policy which may be found here https://www.newyes.com/pages/privacy-policy.

 

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, the Site, or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) to submit personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law), or any personal information of a child under the age of thirteen.

 

We reserve the right to terminate your use of the Services for violating any of the prohibited uses. Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this Section 11, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

 

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Disclaimer of Warranties.

THE SERVICES AND ALL CONTENT AND MATERIAL ACCESSIBLE THROUGH OUR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEWYES DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.

 

WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES, AND WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU.

 

WE CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

 

Limitations; Waivers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NEWYES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEWYES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NEWYES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL NEWYES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID NEWYES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID NEWYES ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NEWYES IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NEWYES.

 

SECTION 12 – INDEMNIFICATION

You agree, to the fullest extent permitted by law, to indemnify, save, and hold Shenzhen Newyes Technology Ltd, its affiliates, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. NEWYES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NEWYES, and you agree to cooperate with NEWYES’s defense of these claims. NEWYES will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.

 

SECTION 13 – NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information in an email to our email in accordance with the procedures set forth herein:

 

Identification of the material that you claim is infringing, with enough detail that we can locate it on the Services.

A statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or the law.

A statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

Your address, telephone number, and email address.

Your physical or electronic signature.

 

We will respond to properly submitted Notices of claims of copyright infringement in the manner set forth above. We will take whatever action we deem appropriate, in our sole discretion, including removal of the offensive content, contacting the relevant user, and/or terminating any user that is determined by us to be a repeat infringer.

 

SECTION 14 – BINDING ARBITRATION AND CLASS ACTION

You and NEWYES mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Services (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by China in accordance with the Chinese Arbitration Rules and Procedures. The award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and NEWYES, without any right of appeal. Court review of an arbitration award will be very limited. Unless explicitly excepted as stated below, you and NEWYES hereby waive the right to assert any Claim in any court. As set out below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.

 

Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court.

 

Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and NEWYES both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of this Section 15 relating to arbitration will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of these Terms. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.

 

Confidentiality. You and NEWYES agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and NEWYES agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

 

SECTION 15 – GENERAL PROVISIONS

Enforcement: NEWYES reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms and or any other rights or responsibilities we may have. You agree that we have the right, without liability to you, to disclose any registration data and/or account information, including without limitation, your information and Personal Information, Your Content and User Submissions, to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to protect our rights or the rights of a third party, or to meet any applicable law, regulation, subpoena, legal process or governmental request; enforce applicable these Terms, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; and to protect against harm to the rights, property or safety of NEWYES, our Users, customers or the public as required or permitted by law.

 

Assignment: NEWYES may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate these Terms, in whole or in part, nor any rights or obligations under these Terms without NEWYES’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

Supplemental Policies: NEWYES may publish additional policies related to specific services such as applications for mobile devices, games, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

 

Entire Agreement: These Terms of Service, including any supplemental policies and any documents expressly incorporated herein by reference (including NEWYES’s Privacy Policy), contain the entire understanding between you and NEWYES, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and NEWYES with respect to the Service.

 

Severability: If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Survival: Accrued obligations and provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.

 

No Waiver: The failure of NEWYES to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

Equitable Remedies: You acknowledge that the rights granted and obligations made under these Terms to NEWYES are of a unique and irreplaceable nature, the loss of which shall irreparably harm NEWYES and which cannot be replaced by monetary damages alone. Accordingly, NEWYES shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

 

Force Majeure: NEWYES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of NEWYES, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond NEWYES’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

Governing Law: These Terms, and any dispute between you and us, shall be governed by and construed in accordance with the laws of China.

 

SECTION 16 - CONTACT INFORMATION

If you have any questions, comments, or concerns about the Terms, the Services or our products, in general, email us at newyes@newyes.com.

 

SECTION 17 APP STORES AND DEVICES

The following supplemental terms shall apply when accessing our Services and applications through specific devices:

 

Apple App Store.

By downloading our Services or our application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

 

• These Terms between NEWYESand you; Apple is not a party to these Terms.
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Services on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

• Apple is not responsible for addressing any claims by you or a third party relating to the Services or your possession or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Services or your possession and use of the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
• NEWYESexpressly authorizes use of the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.

 

Google Play.

By downloading the Services or our application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

 

• To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Services that you download from Google Play, and
• Google does not have any responsibility or liability related to compliance or non-compliance by NEWYESor you (or any other user) under these Terms or the Google Play Terms.

 

Last Modified: March 31, 2023