Yala Terms of Service, Content Licensing Agreement, and Privacy Policy

Terms of Service

1. Terms

By accessing the website at https://yala.social or https://yalabot.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Yala's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Yala's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Yala at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Yala's website are provided on an 'as is' basis. Yala makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Yala does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Yala or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Yala's website, even if Yala or a Yala authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Yala's website could include technical, typographical, or photographic errors. Yala does not warrant that any of the materials on its website are accurate, complete or current. Yala may make changes to the materials contained on its website at any time without notice. However Yala does not make any commitment to update the materials.

6. Links

Yala has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Yala of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Yala may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Third Party Services and Links to Other Web Sites

You may be offered services, products and promotions provided by third parties and not by Yala (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Yala. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

10. PAID SERVICES

Yala may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). Yala has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Yala Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”). Paid Service Fees may be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Yala Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

11. SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk. You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Yala Account or any other breach of security.

Content Licensing Agreement

The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Yala Inc (“Yala Inc” or “Yala”) and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.

Yala Inc reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Yala will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Yala account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound the TOS as modified.

For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license.

  1. "Content" means all content available for license from the Yala website, including Images, Footage, and Music (as defined herein.)
  2. "Footage" means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.
  3. "Image(s)" means still photographs, vectors, drawings, graphics, and the like.
  4. "Music" means any musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed.
  5. "Visual Content" shall refer collectively to Images, and Footage.

PART I – VISUAL CONTENT LICENSES

  1. Yala Inc hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
    1. IMAGE LICENSES
      1. AN IMAGE LICENSE grants you the right to use Images:
        1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books,e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-section 1.a.i.4 below);
        2. Printed in physical form as part of product packaging andlabeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertisingand copy of tangible media, including magazines,newspapers, and books provided no Image is reproduced morethan 500,000 times in the aggregate;
        3. As part of an "Out-of-Home" advertising campaign, includingon billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000gross impressions.
        4. Incorporated into film, video, television series,advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised,without regard to audience size, provided the budget forany such production does not exceed USD $10,000;
        5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
      2. AN IMAGE LICENSE DOES NOT grant you the right to use Images (which rights are in addition to 1-5):
        1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
        2. Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
        3. In wall art (and without requiring further creative orfunctional elements) for decorative purposes in a commercial space owned by you or your client, and not forsale.
        4. Incorporated as elements of digital templates for sale or distribution.
      3. If the Image License does not grant you the rights you require, please contact Yala Inc via email (yourfriends@yala.social).
    2. FOOTAGE LICENSES
      1. A FOOTAGE USE LICENSE grants you the right to use Footage:
        1. in a multi-media production displayed or distributed viathe web, on social media, using so-called "Apps", or as otherwise disseminated in accordance herewith (see restrictions for distribution limitations), provided theaudience for such production does not exceed 500,000;
        2. in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people;
        3. on websites.
      2. If the Footage Use License does not grant the rights you require, please contact Yala Inc via email (yourfriends@yala.social).
  2. RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT:

    1. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
    2. Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
    3. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
    4. Modify Visual Content designated in a manner that changes the context of what is depicted.
    5. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
    6. Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
    7. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
    8. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
  1. RESTRICTIONS SPECIFIC TO FOOTAGE
    1. Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.
    2. Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.

PART II - MUSIC LICENSES

  1. "Production" means all versions of a single audio-visual project or all versions of a single audio-only project in which Music is synchronized to narration in the context of a podcast episode, radio documentary, radio advertisement, or other similar audio-only production.
  2. MUSIC LICENSES

    Yala Inc grants you a non-exclusive, non-transferable right to synchronize Music in a Production, which Production may be distributed worldwide, in perpetuity, pursuant to the license you purchase and subject to the restrictions set forth in Part II Section 3 hereof:

    1. A Music License grants you the non-exclusive right to synchronize Music in a Production (and in in-context trailers and promotional materials), distributed via web based-viewing platforms or used in non-web based "industrial" contexts, which include trade shows, conferences, corporate Events, internal corporate Use, and point of sale.
  3. RESTRICTIONS ON THE USE OF MUSIC.

    YOU MAY NOT:

    1. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to any third-party the Music or the right to use the Music separate and apart from the Production in which (pursuant to your license) it is embodied;
    2. Resell, redistribute, provide access to, share or transfer any Music except as specifically provided herein;
    3. Manufacture, distribute, sell or otherwise exploit "records", CDs, mp3s or any other audio product embodying sound alone which incorporates Music, other than an audio-only Production expressly described in the definition of "Production" above. For the purpose of this sub-section the term "records" means all forms of reproductions, whether now known or hereafter devised, manufacture or distributed primary for home use, school use, or juke box use, embodying sound alone (excluding synchronized material);
    4. Use the Music in connection with other material that is pornographic, defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies);
    5. Violate export laws, restrictions or regulations, by shipping, transferring or exporting Music into any country in violation of any export laws, restrictions or regulation;
    6. Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make Music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Music or any derivative work incorporating the Music in any other stock product, library, or collection;
    7. Remix, mashup, or otherwise alter the Music, except that you may engage in basic editing of the Music (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement;
    8. Use Music in an audio-only Production in which music is the primary content.
  4. You may publish Productions incorporating Music on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). You may not claim ownership of the Music or otherwise register any Music with any UGC Platform even as synchronized with your own Production. If you become aware that any third party claims any ownership interests in any Music, you agree to promptly notify Yala of each such claim.

PART III - WARRANTIES AND REPRESENTATIONS

  1. Yala warrants and represents that:
    1. Yala’s contributors have granted Yala all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.
    2. Footage and Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
  2. While Yala makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content, Yala will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage.
  3. YALA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

PART IV - INDEMNIFICATION AND LIABILITY

  1. Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Yala, Yala will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Yala’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Yala, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Yala at yourfriends@yala.social, with a hard copy to Yala Inc, 1732 1st Ave #28770 New York, NY 10128, Attention: General Counsel, via certified mail, return receipt requested. Yala shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Yala in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Yala is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Yala having a reasonable opportunity to analyze such claim’s validity.
  2. Yala shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.
  3. Limits of Liability : Yala’s total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each of Customer’s license is USD $5,000.
  4. You will indemnify and hold Yala, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by this TOS. You further agree to indemnify Yala for all costs and expenses that Yala incurs in the event that you breach any of the terms of this or any other agreement with Yala.

PART V - ADDITIONAL TERMS

  1. Except when required by law, Yala shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Yala to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Yala determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Yala, provided that you have not yet downloaded or licensed any Content, Yala, will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service via email at yourfriends@yala.social.
  2. Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings. You expressly grant Yala the right to charge you for each automatic renewal until you timely disable automatic renewal.
  3. If Yala is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Yala or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
  4. "Non-transferable" as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Yala of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email yourfriends@yala.social.
  5. Upon notice from Yala or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Yala may be liable, or if Yala removes any Content due to perceived business risk as determined in Yala's reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Yala shall provide you with comparable Content (which comparability will be determined by Yala in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.
  6. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Yala, upon Yala’s reasonable request.
  7. Arbitration.
    1. Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Yala. This arbitration provision will survive termination of this TOS.
    2. YOU AND YALA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Yala agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Yala acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.
    3. If a court decides that applicable law precludes enforcement of any of the limitations in this Part V, Section 7 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
  8. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Yala shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Yala, such action is necessary or desirable.
  9. This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. this TOS are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
  10. If you are entering into this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Yala for any breaches of the terms of this TOS. You hereby grant Yala a worldwide, non-exclusive, limited license to use your trademarks in Yala's promotional materials, including a public customer list. Yala's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Yala and shall at all times inure to your benefit. Yala further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Yala of your email request to yourfriends@yala.social.
  11. The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
  12. Neither party may assign this agreement, without the prior written approval of the other party, except that Yala may assign this agreement to a subsidiary, an affiliated company within the Yala group, the entity that results from a merger or other corporate reorganization involving Yala, or an entity that acquires all or substantially all of Yala’s assets or capital stock.
  13. Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
  14. If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
  15. You expressly agree that any feedback provided to you by Yala or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. Yala cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by Yala or its representatives.
  16. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
  17. In the event that you breach any of the terms of this or any other agreement with Yala, Yala shall have the right to terminate your account without further notice, in addition to Yala's other rights at law and/or equity. Yala shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
  18. Except as expressly set forth herein, Yala grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in the Content, music or other audio in Footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Yala only has model or property releases where expressly indicated on the Yala website.
  19. Yala's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you.
  20. Except as specifically provided in Part IV hereof, in no event, will Yala's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Yala websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Yala from you for the applicable Content license.
  21. Neither Yala nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Yala's breach of this agreement, or otherwise, unless expressly provided for herein, even if Yala has been advised of the possibility of such damages, costs or losses.
  22. Except as expressly set forth in Part III, all Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
  23. Yala does not warrant that the Content, Yala websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
  24. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Yala, Yala will promptly file a complaint with www.ic3.gov , the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center .
  25. Yala contracting party:

    1. If you are licensing Content, "Yala" means Yala Inc with an address at 1732 1st Ave #28770 New York, NY 10128 United States.

EFFECTIVE DATE: May 30, 2019

Privacy Policy

Your privacy is important to us.

It is Yala's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We will only retain personal information for as long as necessary for the fulfilment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Yala may change this privacy policy from time to time at Yala's sole discretion.