Introduction
Website Terms of Use
Version 1.0
Last revised on: May 14, 2026
Please read these Terms of Use (these “Terms”) carefully. These Terms apply to all users of the Yuzeum platform. “We,” “our,” and “us” refer to Yuzeum, Inc. “Yuzeum” refers to this platform and the services offered by us, including (the “Site”) and Yuzeum’s other products. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
In some countries, and for certain people or entities, there may be restrictions on the distribution of NFTs (as defined below) under applicable Export Control and Sanctions Laws (as defined below) and regulations, or restrictions on the use of the Properties or Services, and therefore your use of the Properties or Services may be limited or restricted. You are solely responsible for determining whether your use of the Properties or Services is legally or otherwise permissible.
PLEASE BE AWARE THAT SECTION 12.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Accounts
Registering Your Account. In order to access certain features of the Services you may be required to become a Registered User and specifically open a Buyer or Supplier account. For purposes of the Agreement, a "Registered User" is a user who has registered an account on the Services ("Account"), has a valid account on the social networking service ("SNS") through which the user has connected to the Services (each such account, a "Third-Party Account"), or has an account with the provider of the Application for the user's mobile device.
Additional Identity Verification. Yuzeum reserves the right, but has no obligation, to request additional information from Buyers or Suppliers to verify identity in order to safeguard the integrity of the Platform and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that Yuzeum may request, or seek to confirm, may include full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Social Security Number), bank account information, and a form of government-issued identification.
Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with Third-Party Accounts, by allowing Yuzeum to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Yuzeum and/or grant Yuzeum access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Yuzeum to pay any fees or making Yuzeum subject to any usage limitations imposed by such third-party service providers. By granting Yuzeum access to any Third-Party Accounts, you understand that Yuzeum may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, "Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 12.1 (Types of Content)) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable, or Yuzeum's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND YUZEUM DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Yuzeum makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Yuzeum is not responsible for any SNS Content.
Non-Custodial Digital Wallet. By using these third-party social logins to access your Yuzeum Account, a non-custodial digital wallet is automatically generated and linked to your identity. You acknowledge and agree that: No Custody: Yuzeum does not custody, store, or have access to your private keys, seed phrases, or the underlying cryptographic shares generated by our infrastructure partners. Account Security: The security of your non-custodial wallet is entirely dependent on the security of your linked third-party social account (e.g., your Google or Apple account). You are solely responsible for enabling Two-Factor Authentication (2FA) and maintaining the security of these third-party accounts. Limitation of Liability: Yuzeum is not responsible or liable for any loss of Digital Collectibles, funds, or data resulting from the compromise, suspension, or termination of your third-party social accounts, nor for any downtime or failures of our underlying wallet infrastructure providers.
Registration Data. In registering an account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (y) notify Yuzeum immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yuzeum has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Yuzeum has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Yuzeum reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Services if you have been previously removed by Yuzeum, or if you have been previously banned from any of the Services.
Access to the Site
License. Subject to these Terms, Yuzeum grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
Modification. Yuzeum reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Yuzeum will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
No Support or Maintenance. You acknowledge and agree that Yuzeum will have no obligation to provide you with any support or maintenance in connection with the Site.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Yuzeum or Yuzeum’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Yuzeum and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Feedback. If you provide Yuzeum with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Yuzeum all rights in such Feedback and agree that Yuzeum shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Yuzeum will treat any Feedback you provide to Yuzeum as non-confidential and non-proprietary. You agree that you will not submit to Yuzeum any information or ideas that you consider to be confidential or proprietary.
Services
Yuzeum Merchant of Record Services. The Services enable sellers of digital products ("Suppliers") that have a Supplier Account (as defined below) with Yuzeum to appoint Yuzeum as such Suppliers' non-exclusive reseller of certain of their digital products that Yuzeum deems eligible for resale through the Services ("Digital Products" or "Products"). Products offered for resale by Yuzeum are available to buyers ("Buyers") either on the Website, or on the applicable Supplier's owned or controlled website(s) ("Supplier Property") that leverages the Services. For clarity, Yuzeum will have no responsibility or obligation with respect to any transactions that are not conducted through the Services.
Direct Purchases. The Properties may enable the purchase (including by auction), redemption and collection of certain smart contract-generated, blockchain-tracked non-fungible tokens ("NFTs") minted by Candy Digital, provided that you comply with these Terms of Use. Each NFT will be associated with certain digital media and metadata, which may include, as applicable, artwork, content, graphics, images, designs, logos, drawings, photographs, text, taglines, or video or audio recordings or any image, name or likeness of any individual (collectively the "NFT Media" and, together with the NFT, the "Collectible"). The Collectible is a good you purchase or receive. Upon such purchase or receipt and until you transfer the Collectible, (1) you will Own (as defined below) the NFT associated with that Collectible and (2) you will receive a limited license to the NFT Media associated with that Collectible per the terms in the user license at Section 4 of these Terms of Use ("User License"). As used herein, "Own" (and any variations thereof, including "Owns," "Owned," "Owner," or "Ownership") means with respect to a Collectible, ownership of the NFT associated with a Collectible that a person has rightfully and lawfully purchased, redeemed or acquired from a legitimate source in accordance with these Terms of Use and the User License, where proof of purchase, redemption or acquisition was recorded on the applicable blockchain and ownership of the NFT can be proven. You do not Own the NFT Media and you will not have any legal Ownership, right, or title to any copyrights, trademarks, or other intellectual property rights thereto. For clarity, all right, title, and interest in the NFT Media (including all copyrights, trademark rights, and all other intellectual property rights) are Owned by Candy Digital, its licensors, its partners or other third parties, as applicable. These Terms of Use and the User License set forth the sole terms of any licenses to such NFT Media granted to purchasers or redeemers of Collectibles.
You may purchase Collectibles individually or in packs of two or more ("Packs"). There are different types of Packs available for purchase, and Candy Digital reserves the right to modify the types, prices and numbers of Packs available at its discretion, without notice. Depending on the type of Pack you purchase, you may collect Collectibles of varying levels of scarcity. Before you buy a Pack, Candy Digital may let you know the types of Collectibles (but not the exact Collectibles) that are contained in that Pack. All Packs are purchased without any guarantee as to the specific Collectibles contained therein.
By purchasing a Collectible (a "Purchased Collectible"), you are entitled to certain rights in the Purchased Collectible. Solely to the extent enabled with respect to the Purchased Collectible, and as further set forth below and in any applicable Additional Terms, you may transfer or sell the Purchased Collectible on certain secondary marketplaces, including the Collectible Marketplace (if available, as defined below) (such sale or resale, a "Secondary Sale"). Your purchase of, and the transfer of your rights in, the Purchased Collectible is subject to your agreeing to these Terms of Use, any applicable auction terms, and any applicable Additional Terms.
Secondary Marketplace. Candy Digital may (but is under no obligation to) operate a marketplace for secondary sales of Collectibles, as well as any mobile app or related applications thereto (collectively, the "Collectible Marketplace"). The Collectible Marketplace, if available, permits you to sell, purchase, bid on, collect, trade, showcase or otherwise transact Collectibles; we facilitate transactions between a buyer and seller of a Collectible, but we are not a party to any agreement between the buyer and seller of a Collectible on the Collectible Marketplace. We collect revenue on the Collectible Marketplace, if available, via transaction fees and other applicable fees which we display when you interact with the Collectible Marketplace. We reserve the right to be the final decision maker on any disputes arising from purchases via the Collectible Marketplace, including in connection with any auctions or other purchase methods.
For Sellers: By minting, providing, or selling a Collectible through the Collectible Marketplace (if available), you hereby represent and warrant that you Own all legal right, title and interest in all intellectual property rights to the Collectible, or you are otherwise legally authorized by the intellectual property owner to mint, provide or sell the Collectible on the Collectible Marketplace. If you sell a Collectible through the Collectible Marketplace (if available), you grant to the buyer of the Collectible a worldwide, non-exclusive, non-transferable, royalty-free license to access, use, and display such Purchased Collectible, solely for the buyer's own personal use; or, if available, as part of a Secondary Sale. WE HAVE NO OBLIGATION OR LIABILITY TO YOU FOR KEEPING, STORING, OR HELPING YOU RECOVER ANY COLLECTIBLE. THE SALE OF FRAUDULENTLY OBTAINED COLLECTIBLES, COLLECTIBLES TAKEN WITHOUT AUTHORIZATION, AND OTHER ILLEGALLY OBTAINED COLLECTIBLES ON THE PROPERTIES IS PROHIBITED. Listing illegally obtained Collectibles may result in your listings being canceled, your assets being hidden, or your account being suspended or terminated.
For Buyers: When you purchase a Collectible, you understand that you do not own any intellectual property rights in such Collectible except for the license grants expressly set forth herein. If you sell or transfer the Collectible to another person, the Collectible license granted herein will transfer to such other owner or holder of the Collectible, and you will no longer have the benefits of such Collectible license. Unless otherwise specified by the seller of a Collectible and the owner of any intellectual property contained in such Collectible in writing, your purchase of a Collectible does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce or use the Purchased Collectible for any commercial purpose. You bear full responsibility for verifying the authenticity, legitimacy, and identity of any Collectible you purchase on the Collectible Marketplace (if available). WE MAKE NO GUARANTEES OR PROMISES ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ANY COLLECTIBLE ON THE COLLECTIBLE MARKETPLACE. If you resell a Collectible, you agree that you will not have any claims against Candy Digital for any breach of these Terms of Use by a purchaser, including if they make commercial use of the Purchased Collectible in breach of these Terms of Use.
We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Collectible Marketplace, or any other payment or transactions that you conduct via the Properties or Services. We do not provide refunds for any purchases that you might make on or through the Properties or Services – whether for Collectibles or anything else. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Properties or Services.
User Content
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for any content you create, submit, post, promote, or display on or through the Platform, as well as for compliance with applicable laws, regulations, and these Terms (including the User Conduct requirements). This includes ensuring the legality, authenticity, and accuracy of all metadata associated with your NFTs and digital items. By posting or submitting content, you represent and warrant that:
You have all necessary rights, licenses, consents, permissions, power, and authority to grant Yuzeum the license described above.
Your content does not violate any intellectual property rights, publicity rights, or other third-party rights, and does not contain material that violates any laws.
Terminating your ability to participate in any Yuzeum promotional programs
You are responsible for the content and metadata associated with your NFTs and digital items, including ensuring that they do not contain infringing material unless you have obtained the required permissions or are otherwise legally entitled to post the material.
License. By using the Platform in conjunction with creating, submitting, posting, promoting, or displaying content (including compliance with Yuzeum's metadata standards), you grant Yuzeum a worldwide, non-exclusive, sublicensable, royalty-free license to:
Use, copy, modify, and display your content for current and future business purposes, including providing, promoting, and improving the Platform.
This license extends to any text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you upload, as well as any digital files, art, or materials linked to or associated with NFTs or other digital items displayed on the Platform.
Note: Yuzeum does not claim ownership of your content, other than Feedback as defined below. The license you grant allows us to use and display your content to operate and improve our Platform, but ownership remains with you.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
SUPPLIER-SPECIFIC TERMS
In addition to other terms applicable to Suppliers in this Agreement, if you are a Supplier, by accessing and using the Services and having your Digital Products resold through the Services, you agree to the terms set forth in this Section 5 (Supplier-Specific Terms):
Appointment. You hereby appoint Yuzeum as your non-exclusive reseller of the Digital Products (including any subsequent updates and upgrades thereto) that you expressly agree to be resold by Yuzeum and that Yuzeum deems eligible for resale through the Services. To be deemed eligible for resale through the Services, Digital Products must meet product eligibility requirements, and Yuzeum has the sole discretion to determine and change from time to time the product categories and products that are eligible for resale through the Services. For the avoidance of doubt, Yuzeum reserves the right not to sell any products that Yuzeum considers in its sole discretion to be fraudulent or illegal under any applicable law. You acknowledge and agree that Yuzeum is the merchant of record for the resale of your Products to the Buyers, and that you shall not issue any invoice or make any demand for payment to any Buyer in relation to any completed resale of your Products through the Services.
Merchant of Record Services. In connection with the appointment under Section 6.1(Appointment), Yuzeum will use commercially reasonable efforts to provide the following services (collectively, the "MOR Services"):
Yuzeum will establish for you a Supplier Account through which you will be able to access a dashboard that allows you to view all resales of your Products through the Services and the amount of Supplier Fees (as defined herein) currently owed to you by Yuzeum;
Yuzeum will act as your non-exclusive reseller of your Products across all territories that Yuzeum may in its sole discretion support from time to time during the term of this Agreement;
Yuzeum will facilitate the delivery of your Products to Buyers through connecting you with Buyers to enable the Buyers to access the purchased Products;
Yuzeum will provide to Buyers first-tier, post-sale support with respect to invoicing, handling Buyers' requests for refunds, chargebacks and other disputes with Buyers, and payment reconciliation;
Yuzeum will be treated as the seller of your Products for purposes of any relevant Indirect Tax (as defined below) in the jurisdiction(s) involved in each resale of your Products through the Services, and will provide tax collection, reporting and remittance services;
Pricing Determination. For each of your Products, you will provide us with your suggested retail price (or license fee). However, you acknowledge and agree that Yuzeum, as merchant of record for the resale of each Product, reserves the right to set the price (or license fee) at which such Product is offered for resale to Buyers through the Services.
Yuzeum Fee and Supplier Fee. In consideration of Yuzeum's MOR Services, in respect of each resale of your Products through the Services, you agree to pay Yuzeum a per-transaction fee (the, "Yuzeum Fee") for each resale made by Yuzeum through the Services. The Yuzeum Fee owed for each resale through the Services is automatically deducted from the purchase price paid by the Buyer, with the remainder (less any amounts in respect of taxes and any other charges payable by you pursuant to this Agreement) owed and paid to you by Yuzeum (such remainder amount, the "Supplier Fee"). Supplier Fees owed to you by Yuzeum will be paid to you after a completed resale transaction based on an agreed upon settlement schedule, which is subject to change at the discretion of Yuzeum. Notwithstanding the forgoing, Yuzeum may also offset against funds owed but not yet paid to Supplier via the Services any sums due, or reasonably likely to become due, to Yuzeum pursuant to these Terms of Service.
License to Your Products; Restrictions. You hereby grant Yuzeum a non-exclusive, nontransferable (except in connection with a permitted assignment of this Agreement), worldwide, royaltyfree (without limiting Yuzeum's obligation to pay the applicable Supplier Fee to you) right and license during the term of this Agreement: (a) with respect to each of your Products, for Yuzeum to: (i) promote and market each such Product on or through the Services; (ii) resell and facilitate access to each such Product to Buyers; and (iii) provide the MOR Services; and (b) to reproduce and use any specifications, manuals or other written documentation for your Products as made available by you ("Product Documentation") in connection with Yuzeum's use of your Products as permitted hereunder. Yuzeum shall not modify, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any such Product except to the extent the foregoing restrictions are expressly prohibited by applicable law, or with your express written permission.
License to Your Trademarks. You hereby grant Yuzeum a non-exclusive, non-transferable (except in connection with a permitted assignment of this Agreement), worldwide, royalty-free right and license during the term of this Agreement, to use and display your trademarks, logos, service marks, and trade names, whether or not registered, if any, as provided by you (collectively, "Your Trademarks") through the Services, solely for the purposes of promoting and marketing your Products on or through the Services. Yuzeum will not remove, alter, or obscure any of Your Trademarks incorporated in or accompanying any of your Products or your Product Documentation.
End User License Terms for Your Products. Notwithstanding the appointment of Yuzeum as the authorized reseller of your Products and the merchant of record of each resale of your Products through the Services, you acknowledge and agree that each of your Products that is resold through the Services is licensed by you through Yuzeum to the relevant Buyer. You shall provide Yuzeum with the end user license terms and Product Documentation applicable to your Products, and you hereby authorize Yuzeum to present the same to each Buyer of your Products in a manner that creates a binding contract between you and each such Buyer.
Your Representations and Warranties. You represent and warrant that during the term of this Agreement: (a) you are the owner of each of your Digital Products or have all necessary rights, power and authority to grant the rights and licenses and perform the acts required of you under this Agreement; (b) the information you provide via your Supplier Account is true, accurate, current and complete; (c) the information and documentation (including the Product Documentation and the end user license terms) you provide in respect of each of your Digital Products is correct and current; (d) each of your Digital Products will conform to and perform as described in the applicable Product Documentation, and will be provided and licensed in compliance with all applicable laws; and (e) the resale of your Digital Products will not constitute illegal activity.
Indemnification
You agree to indemnify and hold Yuzeum (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Yuzeum reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Yuzeum. Yuzeum will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Yuzeum, and Yuzeum is not responsible for any Third-Party Links & Ads. Yuzeum provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Other Users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. You are solely responsible for your interactions with other users (including Buyers and/or Suppliers) and any other parties with whom you interact; provided, however, that Yuzeum reserves the right, but has no obligation, to provide support in the event of disputes between users. YOU AGREE THAT NEITHER YUZEUM NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES, AND THAT YUZEUM MAKES NO REPRESENTATION WITH RESPECT TO INTERACTIONS BETWEEN USERS. YUZEUM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Release. You hereby release and forever discharge Yuzeum (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND YUZEUM (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YUZEUM (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF YUZEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Yuzeum will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.
Copyright Policy
Yuzeum respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is: Yize Cheng
Designated Agent: Yize Cheng
Address of Agent: 244 5th Ave, Suite #1925, New York, New York 10001
Telephone: +1 (203) 410-7298
Fax: N/A
Email: hello@yuzeum.com
General
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.
Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: hello@yuzeum.com, or by regular mail to 244 5th Ave, Suite #1925, New York, New York 10001. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at ; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at . JAMS’s rules are also available at or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 10.2(h) is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Waiver of Jury Trial. EXCEPT AS SPECIFIED in section 10.2(a) YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2(h) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Subsection 10.2(h) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.
You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 244 5th Ave, Suite #1925, New York, New York 10001, or email to hello@yuzeum.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the following address: 244 5th Ave, Suite #1925, New York, New York 10001, or email to hello@yuzeum.com. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Disclosures. Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2026 Yuzeum, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
Yize Cheng
Address:
244 5th Ave
Suite #1925
New York, New York 10001
Telephone: 203 410 7298
Email: hello@yuzeum.com