YUUZOO TERMS OF SERVICE IMPORTANT PLEASE READ CAREFULLY ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY YUUZOO PTE LTD Last Updated: August 29, 2007 BY CLICKING THE "I AGREE" BUTTON BELOW OR BY DOWNLOADING ANY CONTENT PROVIDED VIA THIS SITE, YOU EXPRESSLY AGREE YOU HAVE FULLY READ OR BEEN GIVEN THE OPPORTUNITY TO REVIEW THESE TERMS OF SERVICE AS SET FORTH BELOW & UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT USE THIS SITE AND WILL BE BLOCKED FROM ACCESSING OUR SERVICES. 1. INTRODUCTION Welcome to the world's premiere one-stop-shop for downloadable entertainment, sports and news mobile content and services viewable, usable and available at www.YuuZoo.com and the other web sites and locations operated by our parent and affiliate companies (the "Site" or "Sites"). This Site and the services provided via this Site are owned, operated, distributed and maintained by YUUZOO PTE LTD "YuuZoo" "We", "Us" or "Our"). Our service allows users to download, use and enjoy ringtones, games, videos, music, graphics, information services and much more (the "Downloads") to certain compatible mobile devices ("Device") via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery now known or hereafter created (collectively, the "Service"). For purposes of these Terms of Service ("Terms"), "You" and "Your" refers to you as Our customer and your agents, successors and assigns as well Your children or others for whom you are a guardian. These Terms explain Our obligations to You, and Your obligations to Us in relation to the Service, the Site and Downloads. These Terms constitute a legally binding agreement between You and YuuZoo. 2. MODIFICATIONS & UPDATES This Site and the Services offered hereunder may be updated, modified, removed, supplemented or disabled, in whole or in part, without notice and for any reason in Our sole discretion. We may modify, change, update, review, supplement or reissue these Terms from time to time. We will provide You via electronic communications notices and other information concerning YuuZoo, Our Site and Services, and changes to these Terms. We will give You notice of a change by posting the change on the home page of the Site or on the relevant mobile or web page of the applicable service. Such notices will be considered given and effective on the date posted. These changes will become binding on You the next time You use the Site or Service or thirty (30) days thereafter, whichever is first, and We are not required to give You further notice in order for You to continue using Our Service. When posted, those Terms supersede all previously agreed to Terms of Service, including, without limitation, any Terms included during Your original sign up for Our Services. If You want to withdraw Your consent to receive notices electronically, You must discontinue Your use of Our Services. We will always post the most recent version of these Terms here. You are solely responsible for regularly reviewing these Terms of Service so that You will be apprised of any changes. YOUR CONTINUED USE OF THE SERVICE OR SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR CONTINUED AND/OR RENEWED ACCEPTANCE OF THE THEN CURRENT TERMS. 3. ELIGIBILITY By clicking "I agree," below, and each time You use Our Site, purchase a Download or otherwise use Our Service You warrant: (1) You have read, understand and agree to be bound by these Terms; (2) You have the legal capacity to enter in this agreement (3) You are 18 years of age; (4) You are the owner of the Device for which You are purchasing and/or otherwise using Our Services; and (5) You are the subscriber for mobile communication services for the Device for which You are purchasing Our Services. 4. REGISTRATION DATA Prior to purchasing Our Services You will be asked to formally register on Our Site. You must: (i) provide true, accurate and complete information about Yourself and Your mobile device as prompted by all request for information and/or registration forms We provide You ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If YuuZoo has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, YuuZoo has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). We shall send You important information and notices regarding Your account and Our Services by email or sms. We shall have no liability associated with or arising from Your failure to maintain accurate Registration Data, including, but not limited to, Your failure to receive critical information about the Service or Your account. 5. USERNAMES & PASSWORDS Upon registration You shall establish an account username and password. You authorize Us to process any and all account transactions initiated through the use of Your username and password. You are solely responsible for maintaining the confidentiality of Your username and password and must immediately notify Us of any unauthorized use of Your username and password. You are responsible for any unauthorized activities, charges and/or liabilities made through the use of Your username and password. The customer is obligated to inform YuuZoo of any unauthorized activities within 7 days of such transaction and YuuZoo will conduct a formal investigation. YuuZoo may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary. 6. PREREQUISITES FOR ACCESS TO THE SERVICE In order to use the Service, You must have a telecommunications carrier (mobile phone company) subscription with a participating carrier or otherwise have access to a mobile communications network for which We make the Service available as well as any carrier services necessary to download content (e.g., Singtel, Maxis, Starhub service). You are solely responsible for the timely payment of service fees associated with any such telecommunications carrier (mobile phone company) services/usage/access costs including without limitation "airtime" or text (sms) messaging charges that might be associated with Your purchases or Downloads from Our Service. The fees We charge are in addition to the airtime, subscription, or other charges of Your telecommunications carrier (mobile phone company). In addition, You must have all equipment and software necessary to connect to the Service, including, but not limited to, a mobile phone or other mobile access device that is in working order and suitable for use in connection with the Service. We make no representation as to the compatibility of Your Device with the Site and the Service and shall have no liability for the compatibility or non-compatibility of Your Device with the YuuZoo Site and the Service. You are responsible for ensuring that Your equipment and/or software do not disturb or interfere with Our operations. Any equipment or software causing interference shall be immediately disconnected from the Service and We shall have the right to immediately terminate our relationship. If any upgrade in or to the Service requires changes in Your equipment or software, You must effect these changes at Your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to these Terms. 7. AUTHENTICATION. Prior to any Download, You must provide Us with a verifiable means of identification (i.e. such as Your mobile telephone number). Such means of identification will be established by Us and accepted or rejected in Our sole discretion. 8. SERVICE FEES: Certain eligible Downloads can be selected and purchased together via packages available through the Service on a subscription basis or, individually, for a one-time non-recurring fee ("Individual Downloads"). Subscription Plans The Subscription Plan(s) offered are listed on the Service. A Subscription Plan provides a certain quantity of Downloads and access to certain Services for a fee charged through Your telecommunications carrier (mobile phone company). From time-to-time, We may re-establish and/or update the price of the Subscription Plans, Individual Downloads or Premium Content. We may also at any time change, update or modify the availability of particular content or the number of Downloads available in the various Subscription Plans. If You direct Us to deliver You a Download in excess of the amount allotted by Your selected Subscription Plan, You will be required to pay for the additional Download or content at the corresponding and then current Individual Download price, as described below. The Subscription Plan between You and YuuZoo shall begin when YuuZoo, upon Your request, has provided You with Your first access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that YuuZoo deems sufficient for Your identification such as a mobile telephone number). Access to the Service can be provided by delivering to You downloadable mobile entertainment content of the content category You subscribed to (e.g., by delivering a ringtone or SMS message to Your Device) or by enabling You to download the product (e.g., by delivering a WAP-Push link or similar delivery mechanism or a PIN for download of the downloadable mobile entertainment content on Our Site) or by providing access to the mobile entertainment content in manners now known or hereafter developed. The Subscription period varies periodically and is automatically renewed until cancelled by You or Us. You shall pay Your telecommunications carrier (mobile phone company) the fee that corresponds to the Subscription Plan You select in accordance with the fees in effect at the time of Your order. Unless otherwise indicated, the charges shall be invoiced on the bill from Your participating mobile communications carrier. All fees are due immediately and are non-refundable, except as otherwise expressly noted. Unless otherwise stated in the description of Your particular Subscription Plan, if You do not use/redeem all of Your allotted content items within the given subscription period, the unused allotment of content items will expire at the end of the respective subscription period and will not rollover into the subsequent subscription period. Individual Downloads: Prices for Individual Downloads are located next to each item on the Site and/or displayed at the point of sale. The details of the Individual Downloads posted on the Site are additional terms incorporated into these Terms by this reference and form part of these Terms. You will be charged through Your telecommunications carrier (mobile phone company) for each Individual Download. You will need to confirm each purchase and price. 9. PROPER USAGE & PROHIBITED CONDUCT You are solely responsible and liable for all Your acts or omissions, whether or not carried out personally by You. Your authorization to use the Services and Our provision of the Services to You is conditioned upon Your proper use of the Site and Services. You shall NOT, and You shall not permit others using Your account or Your Device, to or attempt to (or otherwise authorize, encourage or support others' attempts to): - use the Services in any manner inconsistent with or in violation of these Terms or Privacy Policy as well as all applicable local, national or international laws and/or regulations having the force of law; - use the Services for commercial, non-personal use; - use the Services upon any other computer or mobile device other than the computer or mobile device designated by You at the time of the Download or upon registration; - upload, post, or otherwise transmit any content that You do not have a right to transmit under any law or contractual or fiduciary relationship; - upload, post, or otherwise transmit third party content without such third party's prior written consent, or content that falsely expresses or implies such consent; - upload, post, broadcast or otherwise transmit content in violation of YuuZoo's or any third parties' patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party: - remove any copyright, patent, trademark or other proprietary rights notices contained in or on the Service, Site or Download - harm minors in any way; - use the Services in an offensive, vulgar, pornographic, sexually explicit manner or otherwise objectionable manner; - use the Service in a manner injurious to others; - "stalk" or otherwise harass another; - use other users personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users; - impersonate another person or entity (including a YuuZoo employee or representative) or create a false or misleading identity of any person or entity; - falsely state or otherwise misrepresent Your affiliation with any person or entity; - use the account, user ID, or password of another user at any time; - transmit, email or post any material containing any form of malicious software program, virus, Trojan horse, worm, time bomb, cancel-bot, computer code, file or program designed to interrupt, destroy or limit the functionality of any mobile device, software, hardware or telecommunications equipment used in conjunction with the Services; - interfere with, damage, disable, impair, disrupt or overburden the Service, the Site or equipment, computer servers and/or networks connected to the Service; - interfere with, disrupt or create an undue burden upon another user's use and enjoyment of the Service; - attempt to gain unauthorized access to the Site or the Service, other accounts, computer systems or networks connected to the Service, through password mining or by any other means; - harvest or collect email addresses or other contact information of other users, including but not limited to names, passwords, phone numbers, user IDs, from the Site by electronic or other means; - modify, alter, adapt, circumvent, translate, re-engineer, decrypt, break, reverse engineer or otherwise alter or interfere with any portion of the Service, Site or Downloads, - use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or Site; - reformat or frame any portion of the web pages that are part of the Site or Service; - cover or obscure banner advertisements on Your personal profile page or any Site page via HTML/CSS or any other means; - disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation or communication; - upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; - use the Service as a forwarding service to another website; - import, export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; - sell or otherwise transfer Your profile; - make any automated use of the Site or Services, such as using scripts to add other users or send comments or messages; or - perform any denial of service attack or send more request messages to the Site's computer servers in a given period of time than a single human can reasonably manually produce in the same period by using a conventional on-line web browser sending one message at a time. 10. PRIVACY For more information on what information We collect from You and how We use such information, please refer to the “Privacy Policy” section. In the event of any inconsistency between these Terms of Service and the Privacy Policy, these Terms of Service shall control. 11. THIRD PARTY PRODUCTS AND SERVICES: We may make available or provide access to products and services of independent third parties through Our Services either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that YUUZOO SHALL NOT BE A PARTY TO, OR IN ANY WAY BE HELD RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES. 12. INDEMNIFICATION You agree to defend, indemnify and hold harmless YuuZoo, its parents, and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of Your use of this Site, the Downloads You obtain or otherwise access, and its Service; Your failure to use same; Your breach or alleged breach of these Terms or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. 13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES YOUR USE OF THIS SITE, OUR SERVICE AND THE DOWNLOADS ACCESSED OR DELIVERED THROUGH THE SERVICE, IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SAME. THE SERVICE, SITE AND DOWNLOADS ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YUUZOO SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE DOWNLOADS, SITE, SERVICE, OR ANY PART THEREOF. YUUZOO MAKES NO WARRANTIES THAT THE SERVICE, SITE OR DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE, SITE OR DOWNLOADS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES, SITE OR DOWNLOADS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YUUZOO'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND DOWNLOADS PROVIDED UNDER THESE TERMS AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE OR DOWNLOADS FOR THE ONE MONTH PRECEDING THE BASIS FOR THE CLAIM. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YUUZOO, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE, SITE OR DOWNLOADS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF YUUZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE SAID LAW AND JURISDICTION. 14. LICENSE TO DOWNLOAD You acknowledge and agree that the Download(s) made available as part of the Service are owned by YuuZoo, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. YuuZoo hereby grants, and You hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use transmitted version of the Download(s) only on a designated Device solely for Your own personal non-commercial use. You further acknowledge and agree that You may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, copy, transfer or port to other devices, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in these Terms. No license is granted to You by these Terms in the human readable code, known as the source code, of the mobile content downloaded on Your mobile device, and no rights are granted to You by these Terms in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on Your mobile device. All intellectual property rights not expressly granted are hereby reserved to YuuZoo and its affiliates and licensors. If You lose or damage Your Device or otherwise delete the Downloads on Your Device, You will need to repurchase any Downloads You may have already purchased. 15. YUUZOO'S INTELLECTUAL PROPERTY RIGHTS Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services, Site or Downloads ("YuuZoo Intellectual Property Rights") are owned by YuuZoo or its licensors, and You agree to make no claim of interest in or ownership of any such YuuZoo Intellectual Property Rights. You acknowledge that no title to the YuuZoo Intellectual Property Rights is transferred to You, and that You do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms. This Site and the Service includes, and the Downloads are themselves, third party materials made available to You with permission of the materials' respective owner(s). Actual or attempted modifications or alterations of the Service, Site and the Downloads, information, content or materials available on this Site for any purpose not permitted by these Terms may be a violation of Our or Our affiliate's Copyrights and/or Trademarks and is strictly prohibited and may expose You to civil and criminal penalties. 16. YUUZOO SPAM POLICY YuuZoo has zero tolerance for spam. We do not send Spam or sell email addresses and expect all users of Our Services to adhere to the same practice. Spam complaints will be dealt with seriously and can result in losing YuuZoo privileges in accordance with Our Terms of Use. 17. ANTI-SPYWARE POLICY YuuZoo believes that Spyware is a threat to consumer privacy and a consumer's experience online. Therefore, We forbid any YuuZoo agent, partner, affiliate or contractor from intentionally deploying or using Spyware. "Spyware" refers to any executable software application other than the software YuuZoo provides to You that is installed on a user's Device and covertly gathers and transmits Your personally identifiable information ("PII") through Your communication Device without Your knowledge or consent. Cookies, web beacons and any other methods We describe in Our Privacy Policy are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter Device settings. Intentional use of Spyware by any YuuZoo agent, partner or affiliate on YuuZoo's behalf will not be tolerated and will be considered grounds for termination. 18. TERM, TERMINATION AND CANCELLATION OF SERVICES These Terms shall continue unless otherwise terminated/cancelled by You or Us. To cancel Your Subscription Plan, send a text message with the text "STOP", "QUIT", "END" or "STOP ALL" to our YuuZoo short-code or such other number as may be designated on Our Site, reply "STOP" to a message received as part of these Terms, or techteam@yuuzoo.com. The termination shall become effective at the end of the billing period in which You gave Your notice of termination. YuuZoo will not refund any of Your fees paid to date and any remaining Downloads in the cancelled Subscription Plan may be used during the then current month of the Subscription Plan but not thereafter. We may at any time immediately terminate Your use of, or access to this Site, Our Service, or the Downloads, if We believe You have violated, breached or acted inconsistently with these Terms or any relevant law, rule or regulation. We reserve the right to modify, discontinue, temporarily or permanently cancel the Service or otherwise deny Service or access to this Site to You or any other user or visitor at anytime in Our sole discretion without notice for any reason. Upon termination of Your access to the Service under any provision of these Terms, YuuZoo may immediately deactivate Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that YuuZoo shall not be liable to You or any third party for any termination of Your access to the Service. 19. ARBITRATION AND DISPUTE RESOLUTION Arbitration. YuuZoo and You shall arbitrate any and all disputes and claims between You and YuuZoo. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between You and YuuZoo, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "YuuZoo," "Us" and "You" include Our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between You and YuuZoo Informal Resolution of Disputes. Our customer care department can resolve most customer concerns quickly and to the customer's satisfaction. If You have a dispute or claim against Us, You should first contact the YuuZoo customer care department by telephone at found on our website or portal or by email at techteam@yuuzoo.com. In the event Your dispute or claim is not resolved to Your satisfaction, You may seek to have that dispute or claim resolved as set forth below. Formal Notice of Disputes. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to YuuZoo must be sent either by certified mail addressed to: YuuZoo, Attn: Legal Department, 87 Beach Road, #03-01 Chye Sing Building, Singapore 189695 ; or by email addressed to techteam@yuuzoo.com. A Notice of Dispute to You must be sent to You by certified mail at the last mailing address that You registered with YuuZoo; by email addressed to You at the last email address You registered with YuuZoo; or by certified mail to the last address on file with Your telecommunications carrier (mobile phone company) for Your Device. The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If You and YuuZoo do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, You or YuuZoo may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase. The amount of any settlement offer made by You or YuuZoo shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or YuuZoo is entitled. Arbitrator and Arbitral Rules. The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org, or by mail at 335 Madison Avenue, Floor 10, New York, New York 10017. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Location and Procedure of Arbitration. Unless You and YuuZoo mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to You, and in the absence of consensus, it would be held at the [location of the arbitration centre]. You or YuuZoo may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. The right to a hearing will be determined by the AAA Rules. Fees and Costs. YuuZoo will reimburse You for Your payment of the filing fee, following the completion of the arbitration. The filing fee currently is $125 for claims under $10,000, but is subject to change without notice by the AAA. If You are unable to pay the filing fee, YuuZoo will pay it directly upon receiving a written request from You or the AAA. Except as otherwise provided for herein, YuuZoo will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator determines that either the substance of Your claim or the relief sought in the Demand is frivolous, then the payment of all such fees shall be governed by the AAA Rules. In such case, You agree to reimburse YuuZoo for all monies previously disbursed by Us that are otherwise Your obligation to pay under the AAA Rules. Waiver of Jury Trial. You and YuuZoo agree that, by entering into this agreement, You and YuuZoo are waiving the right to a trial by jury. Waiver of Class Actions. You and YuuZoo agree that the arbitrator may award 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 YuuZoo agree that You and YuuZoo 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 proceeding. You and YuuZoo agree that, unless You and YuuZoo agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any other provision herein to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void. Statute of Limitations: You must contact Us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or You waive the right to pursue a claim based upon such event, facts, or dispute. Exceptions to Arbitration Agreement: You and We agree: (a) You may take Your dispute to small claims court, if Your dispute qualifies for hearing by such court; (b) if You fail to timely pay amounts due, We may assign Your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or these Terms; (c) You or We may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either You or We may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of You or YuuZoo, pending the completion of arbitration (collectively, the "Exceptional Disputes") Venue for all Exceptions to Arbitration Agreement For the resolution of all Exception Disputes, You shall submit to the personal and exclusive jurisdiction and venue of the courts located in Singapore. Governing Law These Terms are governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to its conflict of laws provisions. 20. MISCELLANEOUS PROVISIONS (a) Notices And Announcements: Except as expressly provided otherwise herein, all notices to YuuZoo shall be in writing and delivered via overnight courier or certified mail, return receipt requested to Our "Contact Address" below: YuuZoo Pte Ltd 87 Beach Road #03-01 Chye Sing Building Singapore 189685 (b) Severability: These Terms shall operate to the fullest extent permissible by applicable law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement to the extent they are unlawful, void or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of these Terms. (c) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between You and Us regarding the use of the Services and the subject matter hereof. These Terms of Service supersede and replace all prior versions of the same or contemporaneous understandings, whether written or oral, established by custom, practice, policy or precedent, with respect to the subject matter hereof. (d) Assignment And Resale: Except as otherwise set forth herein, Your rights under these Terms are not assignable or transferable, in or in part, whether voluntarily or by operation of law, without Our prior written consent. You agree not to resell the Service or any portion thereof, including but not limited to the Downloads. Any such purported assignment, transfer, resale or delegation will be null and void and of no force or effect. (e) Waiver: No waiver of any provision of these Terms shall be effective against YuuZoo unless it is in writing and signed by an authorized representative of YuuZoo. The remedies of YuuZoo under these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to exercise or enforce any of its rights, obligations or provision under these Terms shall not affect its right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. (f) Force Majeure: Without limiting the foregoing, under no circumstances shall YuuZoo be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, acts of terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. (g) Relationship of Parties. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Us or between Us and any other End User or user of the Service or Site. (h) Headings: The section headings appearing in these Terms are used for convenience only and have no legal or contractual effect and therefore shall in no way define, limit, construe or describe the scope or extent of such section or any obligations arising under these Terms in any way. (i) Survival: In the event these Terms terminate as provided herein, Sections 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 18 and 19 of these Terms shall survive such expiration or termination. (j) Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding Your use of the Services. We make no representation that materials on this Site or through Our Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If You choose to use the Service or access this Site from such foreign locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country You reside in. 22. QUESTIONS OR COMMENTS Any questions or comments regarding, or problems with, this Site or Our Services should be sent to support@yuuzoo.com.