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Terms of Service
Thanks for using our games, websites or related services (“Service” or “Services”). The Services are provided by YiYo Studios. (“YiYo Studios" or “we” or “us” or “our”).
1. Accepting the Terms of Service
1.1. These Terms of Service (the “Terms”) create a legal agreement between you (“you” or “your”) and YiYo Studios and govern your downloading, installing, access and/or using our Services, including, but not limited to, the registration and use of your account, any support, any updates we may make available to you; any Virtual Currency or Virtual Goods; any other texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, software, feedback, comments, communication, suggestions and any other material, content, data, information and service may be made available to you through the Services, whether on your mobile device, computer, on our website or any other device, platform or website.
Use of the Services is also governed by YiYo Studios’s and game rules, scoring rules, controls and guidelines for each game which can be found within the game itself, and which are incorporated herein by this reference.
Please read these Terms carefully before you decide whether to accept them. To confirm your understanding and acceptance of the Terms, please click "Accept", "Play", "Continue", "Ok", "Login with Facebook", "Continue with Facebook", "Sign in with Apple" or any other button with similar functionality when prompted by the Service.
1.2. You must only use the Services if:
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(a) you agree to these Terms and YiYo Studios’s and game rules, scoring rules, controls and guidelines for each game which can be found within the game itself;
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(b) you are legally entitled to use the Services under the applicable laws and regulations of your country of residence, and
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(c) applicable laws and regulations permit you to use the Services in your location (if different from your country of residence) where you use them.
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1.3. By using the Services, you represent that you are age 16 or older. If you are under the age of 16, you must not use any Services.
If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your country of residence) or you otherwise do not have the authority to enter into agreements such as this, your parent or legal guardian must review and agree to these Terms and the (both for themselves and on your behalf) before you can use any Services.
1.4. By installing, using or otherwise accessing the Services, you agree to these Terms and our and game rules, scoring rules, controls and guidelines for each game which can be found within the game itself, and which are incorporated herein by this reference.
If you do not agree to these Terms, our and game rules, scoring rules, controls and guidelines for each game which can be found within the game itself, please refrain from using our Services and cease all access and/or use of, any of our Services. Use of the Services is void where prohibited.
1.5. YiYo Studios reserves the right to change or update these Terms, its , or any other rules, controls or guidelines at any time and at its sole discretion without any notice, so please come back and review them. If any future updated versions of the Terms, our , or any other rules, controls or guidelines require any action from you in order to accept them, then you may not be able to continue to use the Services until you have taken such action.
Your continued use of our Services after the Terms, YiYo Studios’s or any other rules, controls or guidelines have been updated shall confirm your acceptance of the updated versions.
In case you do not agree to any portion of the future updated versions of the Terms, YiYo Studios’s , or any other rules, controls or guidelines relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately refrain from using our Services and cease all access and/or use of, any of our Services.
1.6. These Terms contain a binding arbitration clause in Section 10 and class, collective, and representative action waiver that impact your rights about how to resolve disputes. Except if you opt-out and except for certain types of disputes described in Section 10, you agree that all disputes between you and YiYo Studios will be resolved by binding, individual arbitration and you waive your right to trial by jury or participate as a plaintiff or class member in any class, collective, or representative lawsuit or arbitration.
2. Intellectual Property
2.1 All rights, titles and interests both within all our Services and relating to them, including without limitation, all copyrights, moral rights, trademarks, trade secrets, trade names and all other proprietary rights, patents, titles, computer codes, texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, recording of gameplay made using the Services, software, feedback, comments, communication, suggestions and any other material, content, data, information and service are owned by or licensed to YiYo Studios, reserved to YiYo Studios and protected by, among other things, international copyright laws. All rights not expressly granted to you herein are reserved by YiYo Studios.
2.2 As long as you, the user, are in compliance with these Terms, we provide you a non-exclusive, personal, non-transferable, revocable limited license only for your personal private non-commercial use (excluding any related object or source code). You must exercise this license in accordance with these Terms and you are not authorized to use our games for any other purpose.
2.3. You acknowledge and agree that you shall have no right, title or interest in any of our Services, including without limitation any content that appears in the Services, accounts, any Virtual Currency and/or Virtual Goods, other than license granted to you by these Terms.
2.4. You must not copy, republish, redistribute, modify, license, sublicense, reverse engineer or create derivatives based on the Services or any part of our Services, or create or make available to the public any work related to our games.
2.5 You must not make any cheats or other technological means available that would allow you or any other user to control our Services or their elements, including without limitation allowing users to obtain Virtual Currency and/or Virtual Goods, whether it be free or not.
3. User Account
3.1 You may be required to create an account with us, to select a password for your account or you may allow our Services to interact with account for any social network or platform or also use other credentials to access the account (“Account Information”).
3.2. You acknowledge and agree that your account is personal to you and that you are not entitled to transfer your account to any other person. You shall not rent, sell or give away your Account Information, create an account using a false identity or information, or on behalf of someone other than yourself. You shall keep Account Information secret/confidential. You shall not give your Account Information to anyone else, nor allow anyone else to use your Account Information or otherwise jeopardize the security of your account. You are solely responsible for maintaining of your account or using the Services, including without limitation in-app purchases, whether or not authorized by you, and agree to fully compensate us for any losses or harm in case you fail to keep your Account Information confidential, or if you share your Account Information with someone else in any way.
3.3. YiYo Studios reserves the right to assume that anyone logging into your account using your Account Information is either you or someone logging in with your permission. We accept no responsibility to you for any loss or harm that you may suffer as a result of an unauthorised access to your account or use of the Services or for any loss or harm resulting from any unauthorised use.
3.4. You acknowledge and agree that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data with regard to your account, including, but not limited to, your game progress, the score you have reached through the Services, any Virtual Currency or Virtual Goods, and other data, information, content and materials relating to your account.
4. User Content
4.1. You represent that all data, information, communication, including without limitation any chat text, image, graphics, sound, video, tags, or other materials (“Content”) that may be uploaded, transmitted, sent, communicated or otherwise made available through our Services by you shall remain accurate, complete and true.
4.2. You acknowledge and agree that all Content uploaded, transmitted, sent, communicated or otherwise made available through our Services by you, whether publicly posted or privately, are your sole responsibility.
4.3. When you use the Services, you acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material.
The Service may include various forums, blogs and chat features where you can post Content, including your observations and comments on designated topics.
YiYo Studios does not and cannot guarantee that other users/members will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not make it available through the Services. YiYo Studios has no responsibility to evaluate, use or compensate you for any ideas or information you may choose to share or submit.
YiYo Studios is not responsible for any Content that is uploaded, transmitted, sent, communicated or otherwise made available through our Services by you or other users, not responsible for monitoring the Services and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct and no obligation to modify, edit, remove or delete any inappropriate content. YiYo Studios does not, and cannot, pre-screen or monitor all Content and users’ conduct. Therefore YiYo Studios does not guarantee the quality, accuracy or integrity of Content on our Service. YiYo Studios will not be held liable for any such circumstance regarding Content, including, but not limited to, errors, loss or damage. Your use of the Services is at your own risk.
4.4. YiYo Studios is not required to, although it may, regulate, monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. YiYo Studios is not obliged to, but is authorized to, review, monitor, prohibit, edit, remove, delete, disable access to or otherwise make unavailable any Content that may be uploaded, transmitted, sent, communicated or otherwise made available by users through our Services without prior notice for any reason or for no reason at any time.
4.5. By installing, using or otherwise accessing the Services, you hereby provide your irrevocable consent to such regulation, monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content, including, but not limited to, chat text or voice communications.
4.6. That being expressed, you, the user, are responsible for any Content that you submit, and acknowledge and agree that no user Content that is uploaded shall be:
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(i) harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive, racist, unlawful or otherwise objectionable;
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(ii) a misrepresentation or constitute fraud;
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(iii) protected by law, including without limitation confidential information, copyright, trademark, patent, trade secrets or any other proprietary rights or in violation any applicable laws and regulations or contractual restrictions;
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(iv) marketing or advertising for any good, service, business or other organization;
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(v) an invasion of a third party’s privacy or an impersonation of another person and/or user;
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(vi) with or contain viruses, malware or any other malicious code, files, or programs designed to interrupt, destroy or limit the functionality of any software or equipment; or
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(vii) otherwise prohibited by applicable laws and regulations.
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4.7. When you upload, transmit, send, submit, store or receive Content to or through our Services, you:
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– confirm that you are authorized to do so;
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– agree to allow us and our affiliates to edit, publish, adapt and/or use your Content and any derivative work we may create from it in any and all media (whether now existing or to be invented in the future), for any purpose, in perpetuity, without any compensation or payment to you;
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– acknowledge and agree that you have “moral rights” to such Content (such as the right to be acknowledged for your creation and to not have your work used in a derogatory manner) and you also acknowledge and agree that you waive any such moral rights to such Content; and
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– agree that, regarding any Content that may be submitted by you, the user, we are not required to protect or monitor such Content rights, and that, if we choose, we are authorized to enforce your rights on your behalf, including but not limited to taking legal action, and assuming all costs for doing so.
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4.8 You acknowledge and agree that you must not:
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– create more than one account per platform to access the Service;
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– use, either directly or indirectly, our Services to harm, abuse, advocate, harass or incite harm, abuse or harassment of individuals, groups, entities or to cause offence to or harass any individuals, groups, entities, including without limitation YiYo Studios’s members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys;
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– use our Service for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Service);
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– use the Service for any commercial or business purpose or for the benefit of any third party, including without limitation to advertising or transmission of any commercial advertisements such as ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation;
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– reverse engineer, disassemble, decompile, or hack (or attempt to) any of the Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
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– ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use our Services, including, but not limited to, any private data or information (including by uploading anything that collects information whether in text, image, video form graphics interchange formats (‘gifs’));
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– rent, sell, transfer or give away (or attempt to) an account with us or any part of an account, Virtual Currency and/or Virtual Goods;
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– disrupt the normal flow of the Services or otherwise act in a manner that is likely to negatively affect other users/players’ ability to compete fairly when using the Services or engaging in real time exchanges;
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– use or take part the Services to cheat or design or assist in cheating (for example, by using automated means, bots, hacks, mods or any unauthorized third-party software designed to play, modify or interfere with the Services), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
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– use our Services in violation of any applicable law or regulation; or
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– use our Services in any other way not permitted by these Terms.
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4.9. You must not copy or distribute, create or make available to the public any derivative work from Content related to our games that belongs to another user.
If you feel that someone has infringed upon your own personal intellectual property rights via the Internet, you may contact us by emailing the following information to ccyiyo@163.com:
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– a description of your intellectual property rights and an explanation as to how you believe your rights have been violated;
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– a description where the material you believe has violated your rights is located;
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– your name, address, phone number and email address;
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– a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of material in question is unauthorized, as you an owner of the intellectual property rights to said material, and (ii) that all information that you have provided is true, accurate and correct (and, if applicable, that you are authorized to act on behalf of the owner of said infringed material); and
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– a signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
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4.10. Any Content that you make available on our Service using the tools and technology provided by YiYo Studios is entirely voluntary. In exchange for use of the Services you hereby grant to YiYo Studios a sole, exclusive, irrevocable, perpetual, transferable, sublicensable, assignable, fully paid-up, royalty-free, worldwide license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to us the right to authorize others to exercise any of the rights granted to YiYo Studios under these Terms. You further hereby grant to YiYo Studios the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any Content and in connection with any Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your Content, regardless of whether your Content is altered or changed in any manner. YiYo Studios does not claim any ownership rights in your user Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your user Content. YiYo Studios is not obliged to monitor or enforce your intellectual property rights in or to your Content.
5. Policy Regarding Names
5.1. Nicknames, guilds or clan names and any other nameable item or entity of the user may not:
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– be obscene, profane, sexually explicit, vulgar, harmful, hurtful or make inappropriate references to the human body or its functions;
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– promote drugs or imply anti-gay, ethnic, racial or sexual offense nor any real hostility toward a specific race, religion or nationality;
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– reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users;
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– violate any law;
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– violate YiYo Studios’s or any third party’s property rights;
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– initiate a call or call for activities of terrorism or extremism, nor serve as a means of communication for extremist or terrorist persons/groups/organizations;
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– contain information that may discredit or offend public officials or any well-known symbol;
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– contain any serial numbers or other login/password information for commercial products or services, that would allow users to access otherwise paid Internet services for free;
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– contain information or statements that may disclose data representing some confidential secret or other confidential information;
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– contain slander, threats or coarse expressions or suggestions that would be in conflict with general ethics, nor any information that would be in contrast to a third party’s privacy (such as name, address, telephone number or any other personal identifying information);
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– consist only of well-known names, political parties, geographical locations or numbers that are associated with the above;
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– emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity, nor any discriminatory statements or words in reference to a national, gender, racial, religious view or their leaders/figures (such as military, religious or political groups);
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– use the name of another user to falsely represent that user.
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5.2. YiYo Studios reserves the right to refuse registration of nicknames, clan names, descriptions or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
Although the Terms and of YiYo Studios may not include all potentially inappropriate or unacceptable names, YiYo Studios is hereby authorized but not obliged to reject any name it so deems inappropriate or unacceptable, at its own discretion, or any name that seems to be offensive, obscene or in violation of these Terms. YiYo Studios will, if it so chooses, evaluate all names individually and take whatever action it deems necessary to remedy any violation that may be present.
6. Virtual Currency and Virtual Goods
6.1. YiYo Studios’s Services may include virtual currency, such as virtual rubies, coins, points or similar items, (“Virtual Currency”) and virtual digital items, such as abilities, useful items or other goods (“Virtual Goods”), all for use in YiYo Studios’s Services.
6.2. Users may collect, obtain through the use of said Services or purchase with money a limited, personal, non-transferable, non-sublicensable, non-assignable and revocable license to use Virtual Currency and Virtual Goods.
6.3. YiYo Studios hereby reserves the right to manage, control, regulate, change or eliminate Virtual Currency or Virtual Goods or price and availability of Virtual Currency or Virtual Goods without any liability to you at any time and at its own discretion without prior notice. To exercise such right, YiYo Studios shall not be held liable to anyone, whether it be the user or a third party.
YiYo Studios may limit the total amount of Virtual Currency or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Currency or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency or Virtual Goods from us or our authorized partners through the Services, and not in any other way.
YiYo Studios is not responsible for hacking or loss of your Virtual Currency or Virtual Goods.
6.4. You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and said transfer is prohibited except for in the manner expressly stated in the Service. You may not sell, transfer or redeem Virtual Currency or Virtual Goods belonging to YiYo Studios to any other user or third party.
6.5. You hereby acknowledge and agree that in reference to Virtual Currency and Virtual Goods, all purchases and redemptions are final and non-refundable. You acknowledge and agree that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit and lost your right of withdrawal once the performance has started. Accordingly, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers.
6.6. If you do not connect the Services on a device to an account that is linked to your social network account, we will not be able to restore any Virtual Currency and/or Virtual Goods and other data associated with your account to a different device if you lose that device or it is damaged.
As a result, on a device which is not connected in this way:
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– any risk of loss of Virtual Currency and/or Virtual Goods which you purchase from us is transferred to you upon completion of the purchase as described in Section 6.5 above;
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– any risk of loss of Virtual Currency and/or Virtual Goods that you receive from us without making a purchase is transferred to you at the time the Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers; and
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– any risk of loss of other data relating to your account (including, without limitation, your progress through the Service, or score you have reached through the Services) is transferred to you immediately at the time such data is generated.
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6.7. Any Virtual Currency and/or Virtual Goods are purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, please check with your platform provider before making a purchase.
7. Violation of the Terms of Service
7.1 YiYo Studios reserves the right to suspend/terminate access to its Services (even if that means deleting your account) if it deems that you are in violation of these Terms (either resulting from one major violation or a combination of minor violations).
7.2 You, the user, acknowledge this right and agree to compensate YiYo Studios for any damage, harm, loss or expense that may arise as a result of your violation of these Terms.
8. Warranties, Disclaimers and Releases
8.1. YiYo Studios PROVIDES THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND HOPES THAT YOU WILL ENJOY USING THEM. BUT THERE ARE CERTAIN THINGS THAT YiYo Studios DOESN’T PROMISE ABOUT THE SERVICES.
YiYo Studios ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES. THERE MAY BE TIMES WHEN OUR SERVICES OR ANY PART OF THEM ARE NOT AVAILABLE FOR TECHNICAL OR MAINTENANCE RELATED REASONS, WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS.
8.2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER YiYo Studios NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, YiYo Studios MAKES NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, AND HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT ON THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YiYo Studios PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
8.3. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. NO ORAL OR WRITTEN ADVICE PROVIDED BY YiYo Studios OR ITS EMPLOYEES OR OTHER REPRESENTATIVES CREATE A WARRANTY.
