TERMS AND CONDITIONS
The following terms and conditions explain the way and mode in which you may view, log on to, and use our app and provided services by Retention Media Group Inc. Your use of the Yo Ruby app in any of the above-mentioned ways shall be deemed as your full agreement to being bound by all the terms and conditions as hereafter explained. You must directly exit the app if you are not in full agreement with these provisions.
Your use of the Yo Ruby service is subject to all and any additional terms, guidelines, policies, or rules that we may occasionally upload. You understand and accept that all such additional terms are by reference incorporated into, and make a part of, these terms and conditions.
We have all rights to and may sometimes exercise our right to modify or/and add additional/delete terms at any time, and we will do this without prior notice to you. We will however specify the last date updated at the top center of this page when we do, and your continued use of the Yo Ruby app after we have made any such change shall be considered as your acceptance to be bound by the terms and conditions as revised.
HOW THE APP WORKS
We offer businesses a service through which users can send messages to these businesses and through which the businesses may respond to their users’ messages. The service is free of charge for individual users, but businesses must pay a subscription fee per month.
We grant all eligible users a limited, non-exclusive, non-assignable, reversible, and non-sublicensable license to access and use the app in compliance with these terms and conditions. You however understand and accept that our service may be updated, interrupted, modified, suspended or discontinued without giving you prior notice at any time and without any liability on our part.
You will be required to first download the app from either Apple App Store or Google Playstore.
Once you have downloaded the app, you will then be required to undergo a registration process in order to be able to access to and use most portions of our app. You will have to provide personal information such as name and relevant contact details to do so and can register as either a business or an individual.
You hereby attest that you are of legal age and have the ability to form legally binding contracts; and that all the information that you make available on and to Yo Ruby, during the registration process and thereafter are complete, truthful and unambiguous.
As a business user, you attest that you have the legal power to bind the business on whose behalf you register to this agreement.
We may refuse your use now and in future of the service and/or terminate your account and use of the services if we discover that you are not yet of a legal age and/or the personal information you provide us with is deliberately misleading or incorrect.
You alone bear the full responsibility for preserving your account and password confidentiality, and are accountable for all activities that happen under your account name. Yo Ruby will in no way be liable for any loss/damage connected to your failure to preserve your own account confidentiality.
You hereby agree that we will consider and treat any content transmitted by users to the app, including but not limited to any information, questions, comments, and suggestions as non-proprietary and non-confidential. You thereby grant Yo Ruby the right to use anything transmitted or posted by you for any purpose, which without limitation may include reproduction, transmission, disclosure, broadcast, publication, and posting.
All user content that you provide will remain your property, but you grant Retention Media Group Inc (by making available such user content) an irrevocable, royalty-free, international, continuous, transferrable license, with the rights to sub-license, modify, publicly perform, duplicate, make derivative works of, distribute, openly show, and to use such user content in any manner that we deem fit without additional notice to you, permission from you, or compensation to you.
Except we clearly state so to the contrary, all materials, which without limitation includes pictures, video clips, graphics, icons designs, written materials and all other materials found on this app are copyrighted, controlled, trademarked, or licensed by Retention Media Group Inc or by other third parties who have licensed such materials to us. These materials are protected by the laws of the US and other international copyright laws.
The Yo Ruby name, our app, our logos, page headers, button icons, scripts, and service names included in or made available through the service are trademarks or trade dress of Retention Media Group Inc in the United States and other countries.
You may use our app and its content for both personal and commercial use.
USERS’ RULES OF CONDUCT
Do not provide Yo Ruby with inaccurate, misleading or false information; download, store or transfer copies of streamed content; and/or post any content or act in a manner that creates a risk of harm, emotional distress, loss, mental or physical injury, disfigurement, death, or disability, or mental or physical illness to yourself or any other person.
You must not obtain, or try to gain, access to specific areas of the app or our systems that are restricted to users; restrict or hinder other users from using the app; attempt to circumvent the app, or encourage others to do so; and are prohibited from using unsanctioned automated means to gain access to the app, or to any computer system or account connected to the app.
You may not scrape or harvest illegally gather information from the app via an automated software tool or manually do so on a mass basis. This information includes that about other users of the app, as well as information regarding Retention Media Group Inc services, offerings, promotions, and products available on or through the app.
You must not reverse engineer the app or its systems, or attempt to do so; manipulate or forge headers and identifiers in order to camouflage the origin of any information posted on the app is explicitly prohibited; and/or impersonate any person, including, but not limited to, other Retention Media Group Inc members or its employees.
Retention Media Group Inc prohibits spamming, chain letters and other unwelcome communications; posting any content or acting in a manner seeking to harm or exploit children by exposing them to inappropriate behavior and content; requesting for personally identifiable details or otherwise; and/or overburdening the app with requests or otherwise disrupting or harming the app or its systems.
You must never knowingly post any content that contains information that you are fully aware is incorrect and outdated; post any content that advertises or solicits business for third party products or services different from the ones that we offer and promote on the app; post any content or wilfully take any action that contains or distributes spywares, viruses, malwares, or other harmful code or content; and/or act in a way that imposes, in our sole discretion, a disproportionately large load on Yo Ruby’s technology infrastructure or make excessive traffic demands of the Service.
Do not post any content way that in any way encourages criminal conduct and offences; upload any content that you do not have any right to make available due to contract, operation of law or fiduciary duty; and/or upload any content or take any action that contains information, content or behavior that Retention Media Group Inc in its sole discretion deems abusive, vulgar, unlawful, obscene, slanderous, harmful, ethnically or racially offensive, invasive of personal privacy or publicity rights, distressing, infringing, humiliating, defamatory, threatening, irreverent, or otherwise harmful to Yo Ruby and other users of the app.
You are not to upload any content that is false, undermining, hassling, unlawful, damaging or discriminatory, including without limitation, discrimination per race, religion, age, color, gender, nationality, or sexual orientation.
We always advise that users at their own expense carry out necessary investigations to validate the veracity of other users’ information before acting on such information that is received by users through the use of the service. If you arrange any meetings with any other user through the use of the Yo Ruby service, you do so entirely at your own risk.
If you are in breach of any of the conditions of these terms, Retention Media Group Inc will hold you liable for any and all litigation and accounting costs and losses that may arise out of your breach. We may also permanently restrict your use of the app without any prior warning if you breach any of these terms.
SPECIFIC TERMS FOR BUSINESS ACCOUNTS
In addition to the terms above, these specific terms for business accounts shall govern the use of your business account. Creating, accessing, and/or using your business account means that you are in full agreement with these business terms and shall be taken as a legally binding contract with Retention Media Group Inc.
Authority: You hereby warrant and represent that you have the legal authority to take decisions on behalf of the business associated with your business account and that you have the power to bind any such business to these business terms.
Applicable laws: Your business must comply with all applicable laws and must not in any way offer for lease or sale or advertise illegal products and/or services.
Fees: Registering your business on our app will require that you pay a subscription fee. Your subscription shall automatically renew every month except you cancel your subscription.
Refund and cancelation policy: You understand and accept that Yo Ruby does not offer any refunds for subscriptions made. If you are no more interested in using our services, your only recourse is to not renew your current subscription once it expires, as we will never offer a refund on subscriptions that are still running. You understand and accept that Yo Ruby may still use your business name and information on the network after your subscription cancellation unless a formal notice is given in email or in writing found on the contact us page.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS APP IS PROVIDED BY YORUBY ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONCERNING THE OPERATION OF THE APP OR THE CONTENT, INFORMATION, OR MATERIALS DISPLAYED ON THE APP.
WE FULLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (WHICH INCLUDES, BUT IS NOT RESTRICTED TO IMPLIED WARRANTIES OF FITNESS, SUITABILITY FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY) TO THE FULLEST DEGREE AS IS PERMISSIBLE BY APPLICABLE LAW. WE WILL NOT BE LEGALLY ANSWERABLE TO YOU FOR ANY LOSS/DAMAGE (WHETHER THEY ARE DIRECT, RELATED, PUNITIVE, SECONDARY, OR CONSEQUENTIAL) ARISING FROM YOUR USE OF THIS APP.
WE GIVE NO WARRANTY NEITHER DO WE GIVE ANY ASSURANCE THAT THE INFORMATION AND MATERIALS FOUND ON OUR APP ARE FREE FROM ERRORS OR INACCURACY.
WE DISCLAIM ALL LIABILITIES CONCERNING THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS, AS WE SHALL IN NO EVENT HAVE ANY OBLIGATION AS CONCERNING ANY CLAIM DEVELOPING OUT OF OR CONCERNING THE APP OR ITS CONTENTS, INCLUDING, BUT NOT CONSTRAINED TO, ANY COURSE OF ACTION TAKEN OR ANY RESOLUTION MADE BY USERS IN RELIANCE UPON SUCH CONTENT, OR FOR ANY DAMAGES, HARMS/LOSSES SUFFERED, WHETHER IMMEDIATE, CORRECTIVE, SIGNIFICANT, EXCEPTIONAL, CIRCUITOUS OR OTHERWISE, DESPITE HAVING BEEN EDUCATED CONCERNING THE LIKELIHOOD OF SUCH HARMS.
WE MAKE NO REPRESENTATIONS AS IT CONCERNS ANY THIRD PARTY, INCLUDING THE BUSINESSES LISTED ON THE SERVICE OR THAT OFFER SERVICES OR GOODS THROUGH THE YORUBY SERVICE. WE WILL THEREFORE NOT BE ANSWERABLE TO YOU FOR ANY PERSONAL INJURY, HURT OR LOSS THAT YOU MAY ENCOUNTER FROM ANY SUCH THIRD PARTY’S ACTIONS OR INACTIONS, INCLUDING WITHOUT LIMITATION THE MISUSE OF YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION BY ANOTHER USER OR BUSINESS, YOUR NEGATIVE EXPERIENCE WITH A LISTED BUSINESSES, AND/OR YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.
SHOULD YOU BE DISSATISFIED WITH THE APP AND SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
NOTHING INCLUDED IN THESE TERMS AND CONDITIONS IS INCLUDED THEREIN WITH THE INTENT OF EXCLUDING OR LIMITING ANY LEGAL RESPONSIBILITY OF OURS FOR INJURY OR DEATH THAT MAY ARISE FROM OUR DECEPTION OR CARELESSNESS, OR FROM ANY OTHER LIABILITY WHICH THAT IS NOT EXEMPTIBLE BY LAW, OR THAT IS DIRECTED AT INHIBITING YOUR STATUTORY RIGHTS AS A CONSUMER.
IF APPLICABLE LAW DOES NOT PERMIT THE LIMITATION OR LIABILITY OF EXCLUSION OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YORUBY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You are not to take links to third party websites and apps on Yo Ruby as our endorsement, sponsorship, or recommendation of such websites and apps, their content, products, or services. We are not responsible for any third party linked site’s content, and you solely bear the risk of your use of a third-party site linked. You understand and accept that you will be governed by such third party's terms and policies when you link their apps from ours.
You consent to release, defend, indemnify, and hold Retention Media Group Inc and its affiliates and subsidiaries, and their officers, executives, representatives, and agents, not guilty from and against any claims, liabilities, reparations, losses, and expenses, including but not restricted to, rational legal and accounting fees, arising out of or connected in any way with your usage of the app and services or your infringement of these terms.
SEVERABILITY OF TERMS
If any condition of this agreement is found by a US court of competent jurisdiction to be invalid, such a provision will be modified to reveal the parties' intention and all remaining conditions of these terms shall remain in effect and full force.
WAIVER OF TERMS
The failure of Retention Media Group Inc to enforce or exercise any provision of these terms and conditions of use shall not be deemed a waiver of such a provision.
CHOICE OF LAW
These terms are exclusively governed by laws of The United States, and you consent to submit to the jurisdiction of its courts.
Retention Media Group Inc is dedicated to maintaining user privacy on our app. This document explains what rights you have as a consumer and how Retention Media Group Inc manages your privacy each time that you access and/or use the app in any manner.
We advise that you carefully go through the information, and contact us if you have any questions about how your private information is handled by us.
THE INFORMATION WE COLLECT
We have two main ways of information collection:
Personally provided information: When you interact with our app to request for our services, we will ask you to provide personal information. You have the option of declining, but in such instances, you may be unable to use our services. Under this subset, we may ask for your name and contact information.
Automatically provided information: When you use our app, some types of information may be routinely provided to us by your accessing mobile device or computer. Our web servers automatically identify all users’ IP address or domain name, and may routinely gather information about your browser type and operating system, your ISP, clickstream data, referring and exit pages, and/or date and time stamp. You however understand that this type of information is in no way personal and is non-identifying. We use this type of information to tailor our services to suit your needs and to enrich your online experience.
USE OF YOUR INFORMATION
These are the manner in which we may use your information:
- a) To fulfil our obligations to you and provide you with the services you require;
- b) To customise the app to better meet your needs;
- c) In processing any request for advice or information;
- d) To manage our business; and
- e) To help in the assessment and evaluation of the quality of services rendered to you.
SHARING YOUR PRIVATE INFORMATION
Retention Media Group Inc never sells your information to third parties. However, we may disclose your private information to the following categories of recipients:
Recipients who handle private information on behalf of Yo Ruby. These third parties are under agreement with us and will always make sure that your information is always handled correctly and safely.
Any recipient that you ask us to share such information with.
You understand and accept that this app allows minors who are under the age of 18 but who are business owners to subscribe for our business listing. All minors who register for such business listing subscriptions understand and accept that the same terms that apply to persons over the age of 18 shall also apply to them.
PROTECTING YOUR PRIVATE INFORMATION
We take appropriate steps to protect your private information as per with the Data Protection Regulation and laid down guidelines for the security of information. This means that we have precise routines and regulations on the protection of data, and we always make sure that our staff only have access to the information that they need to perform their work. You however understand that there is not full guarantee for transmissions over the internet. We will therefore not be held liable for breaches to your private information.