Terms of Use

Last Updated February 14, 2017

Thank you for using AYO

AYO Live, Inc. provides live communication services including live streaming and messaging to users around the world. By using AYO (“We,” “ours,” or “us”) you agree to follow these Terms of Use and all other AYO policies and guidelines (collectively “Terms”).

AYO Live, Inc. is a mobile communication application which allows you to livestream, search/request livestreams, chat during livestreams, and engage in direct messaging with other AYO users.

Please read the Terms carefully before accepting them. By installing, accessing, or using any of AYO’s services, you agree to AYO’s Terms and Privacy Policy.

These Terms and Privacy Policy are available online at AYO.tv.

IF YOU ARE AN AYO USER LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE TO BE BOUND BY ARBITRATION PROVISION BELOW, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AGREE TO RESOLVE ALL DISPUTES WITH AYO THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JUDGE OR JURY DECIDING ANY DISPUTE BETWEEN US, AND THAT YOU MAY NOT PARTICIPATE IN CLASS ACTION LAWSUITS, REPRESNTATIVE ACTIONS, OR CLASS ARBITRATIONS AGAINST AYO. PLEASE READ FULLY AND UNDERSTAND THIS PROVISION BELOW.

The Basics

AYO is a service of AYO Live, Inc. You must be 18 years old or older, or over the age of 13 with the consent of a parent or guardian, and otherwise must be able to enter into a legally binding contract. You agree that all information you have provided to us is accurate and true.

We must not have previously terminated your License to use AYO or your License is not currently suspended.

You agree to post material which is considered appropiate for all ages and sensibilities.

For example, you cannot post sexually explicit material, material which endorses violence or exploitation, material that attacks individuals or classes of people, or material that infringes on other’s intellectual property rights.

You also agree that all material you post does not contain information or content that is illegal.

AYO retains sole discretion to determine which content does or does not meet the criteria required by this section and may remove content and suspend your License to use its Services.

You agree that you will be the sole user of your AYO account and that you may not sell, share, or otherwise transfer your account. As the sole user, you agree you will not give your personal AYO information, including username or password, to anyone.

Your use of AYO may require you to agree to third-party service agreements including with your mobile device operating system provider, your mobile device manufacturer, or your mobile service carrier. You agree to comply with all applicable third-party terms of agreement when using AYO. AYO is not a party to those agreements and has no responsibility for the products and services provided by third-parties. Each party’s terms will govern the respective party’s relationship with you.

In order to connect you with AYO users you may know, you may provide us the phone numbers of AYO users and your other contacts in your address book on a regular basis. You must also agree to downloading and installing updates to our service, including automatically on any device which you use AYO.

AYO does NOT provide access to emergency services such as the police, fire departments, or hospitals. Please ensure you are able to contact emergency services through another method.

Your Content

Users may publish content on AYO in the form of video, livestreams, media and text. Anything you or another User posts is “User Content.” By publishing any content, you represent and warrant that all content is in compliance with these Terms and any applicable laws or regulations. You retain all rights in, and are solely responsible for, the User Content you publish on AYO.

By posting, uploading, or otherwise making content available on AYO, User agrees to grant a perpetual, transferrable, sublicense-able, world-wide, non-exclusive, royalty-free, license to all User’s rights and moral rights in the User Content for any and all purposes, including, but not limited to, using, copying, reproducing, modifying, adapting, publishing, editing, translating, creating derivative works from, transmitting, distributing, displaying, performing, or deriving revenue or any other remuneration from such content.

Any User Content may be incorporated into other works in any form, media or technology.

User understands that AYO is a webapp which allows individuals to publish personal content that may be offensive or objectionable. AYO may, but is not under obligation to, review or preview and User Content.

However, failure to block any content is not an endorsement of that content, warranty or representation or guarantee regarding that content.

If you feel content is offensive, please contact us at dan@ayo.live, including a link to the offending post and any other relevant information.

Your content must respect the rights of others. This means you may not post content that:

  • Violates or infringes someone else’s rights of publicity, likeness, privacy, copyright, trademark, or other intellectual property right;
  • Bullies, harasses, or intimidates;
  • Defames; or
  • Is pornographic, violent, threatening, contains hate speech, or incites violence;
  • Spams or solicits AYO’s users.

Removal of Content

AYO may remove User Content for any reason at any time without notice.

Your content will be available on AYO for a period of time deemed commercially reasonable. Any further sharing of User Content by AYO or other Users may remain even after your User Content has been removed.

Intellectual Property

AYO, like all companies has a variety of intellectual property, including copyrights and trademarks. The company name, AYO, and all related logos, names, service names, and slogans are registered or common law service marks of AYO.

You may not use any of AYO’s trademarks without our written permission. You can make a request to use a trademark at dan@ayo.live.

User represents and warrants that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.

If you believe material you own is being infringed on by an AYO user, you may file a takedown notice with us at dan@ayo.live. You may also contact us at:

  • AYO Live, Inc.
  • ATTN: Copyright Agent
  • 1343 West Irving Park Road
  • PO BOX 13340
  • Chicago, IL 60613

Encryption & Security

Security is very important to us at AYO. AYO chat uses end-to-end encryption for our Services. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them. However, no encryption or security scheme is perfect, and while our team does their best to make AYO secure and shipshape, we cannot guarantee perfect security.

Other users may provide links to third-party Internet websites, resources and media. You access these third-party websites at your own risk.

We do not endorse, control or assume any responsibility for the services, materials, products, information of any third-party website or content.

You acknowledge and agree that AYO is not responsible for, and shall not be liable for any damages resulting from the services, products or materials of third-party websites or content.

Please use common sense when visiting Third-Party websites or applications.

While AYO will make its best effort to secure the native iOS and Android apps and the website, Users must also participate in good security practices. Therefore, you agree:

  • You will not use the Services for any purpose that is illegal or otherwise prohibited in these Terms;
  • You will not attempt to access administrative features or areas of AYO that you are not authorized to access, nor will you circumvent any security measures in place or content filtering systems;
  • You will not use, develop, support, or promote any third-party applications that interact with other Users’ content or the Services without our written consent, including logging into or the Services through unauthorized third-party applications or clients;
  • You will not use or attempt to use another user’s account, username, or password without their permission and you will not solicit usernames or passwords from another User;
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Users from enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services including using robots, crawlers, or other automated means to access the Services or uploading viruses or other malicious code to the Services;
  • You will not probe, scan, or test the vulnerability of our Services or any system or network;
  • You will not create more than one account for yourself and you will not create another account if we have already disabled your account, unless you have our written permission to do so;
  • You will not buy, sell, rent, or lease access to your AYO account without our written permission;
  • You will not share your password; and
  • You will not encourage or promote any activity that violates these Terms.

Termination of Services, License, or Account

We can suspend or terminate your account at any time for any reason whatsoever. AYO has no obligation to notify you of a suspension or termination of your account.

Upon termination, you continue to be bound by any applicable provisions of these Terms.

AYO reserves the right to modify, suspend or terminate Services, in whole or in part, for any reason whatsoever without notice.

You agree that AYO will not be liable to you for any modification, suspension, or termination of Services or any consequential damages of such modification, suspension, or termination.

Indemnity

For any claim, threat of claim, demand, suit, proceeding, or investigation due to or arising out of your use of Services, your User Content, your illegal use of AYO, or your breach of any of these Terms, you agree to wholly defend, indemnify, and hold harmless AYO and its affiliates, and each of its and their respective officers, directors, agents, partners and employees, from any and all damage, loss, liability, cost, and expenses.

You agree to cooperate with any and all reasonable requests from AYO in assisting AYO’s defense of such a matter.

No Warranties

THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE," AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

Limitation of Liability

AYO shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from the use of Services, lack of availability of Services, third-party conduct or content in the course of using Services, including any loss of data, goodwill or other intangible losses.

AYO shall not be liable for any unauthorized access to your account, or alterations of your content. AYO shall not be liable for any third-party conduct, including any defamatory, offensive or illegal conduct.

In no circumstance shall AYO’s aggregate liability for all claims relating to services exceed one hundred USD.

Disputes

At AYO, we are here to serve, but we ask and require that you contact us at dan@ayo.live before anything else to solve the dispute informally first. We are confident we can solve the issue!

If we cannot resolve our dispute informally, we each agree to resolve any claim, dispute or controversy with remedy in law, arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided here. Unless AYO and you agree otherwise, the arbitration will take place in the United States.

Each party will be responsible for paying AAA filing, administrative and arbitrator costs. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.

Nothing in this section shall prevent either party from seeking equitable relief for matters related to data security, the transference of funds, intellectual property or unauthorized access to the Service.

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these terms, you and AYO are each waiving the right to a trial by jury or to participate in a class action. By waiving your right to a jury trial, you are agreeing to resolve any dispute with AYO by arbitration or a trial by judge (i.e. a bench trial).

AYO may elect to resolve any claim by individual arbitration.

General Terms

a. Governing Law & Jurisdiction

These Terms shall be governed by the laws of the State of Illinois. We each agree to submit to the personal jurisdiction of a state court in DuPage County, Illinois for any actions that do not require Arbitration in accordance with section 12 of these Terms.

b. Geographic Restrictions

AYO is controlled and operated solely within the United States. We make no representation that our products are available outside of the United States.

To use the full functionality of AYO, payment processing is required. WePay, our payment processor, requires a United States Bank Account to process payments, among other restrictions listed in their terms of service.

c. Modifications to these Terms

AYO reserves the right to modify these Terms at any time for any reason without notice. By continuing to use AYO after the Terms are modified, you are affirmatively agreeing to be bound to the new Terms. The modified terms will only apply to Stories created after the effective date of the change.

d. Assignment

Your License with AYO is not assignable under any condition. Any assignments of the License shall be void.

e. No Waiver

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term in the instant or at other times. Any failure to assert a right or provision under these terms by AYO shall not constitute a waiver of such right or provision.

f. Integration and Severability

These Terms and the Privacy Policy, and any further agreements you may enter into with AYO constitute the entire agreement between you and AYO concerning our Services.

If any provision of this agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent required, and the remaining provisions of these Terms shall remain in full force and effect.