Thanks for choosing Yeyote (“Yeyote”, “Yeyote Music Ltd”, “we”, “us”, “our”). By signing up or otherwise using the Yeyote service, websites, and software applications (together, the “Yeyote Service” or “Service”), or accessing any content or material that is made available by Yeyote through the Service (the “Content”) you are entering into a binding contract with the Yeyote entity indicated at the bottom of this document.
The Yeyote Service includes social and interactive features. Use of the Yeyote Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Yeyote Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
In order to use the Yeyote Service and access the Content, you need to (1) be 16 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Yeyote is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.
3 Enjoying Yeyote
Yeyote provides streaming services offering a selection of music and other content. At the moment, Yeyote services are provided to you free-of-charge.
4 Rights we grant you
The Yeyote Service and the Content are the property of Yeyote or Yeyote's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Yeyote Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Yeyote. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Yeyote Service or the Content.
The Yeyote software applications and the Content are licensed, not sold, to you, and Yeyote and its licensors retain ownership of all copies of the Yeyote software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Yeyote trademarks, service marks, trade names, logos, domain names, and any other features of the Yeyote brand (“Yeyote Brand Features”) are the sole property of Yeyote or its licensors. The Agreements do not grant you any rights to use any Yeyote Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Yeyote Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Yeyote grants no right, title, or interest to you in the Yeyote Service or Content.
Third party software (for example, open source software libraries) included in the Yeyote Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5 Third Party Applications
The Yeyote Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Yeyote does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6 User-Generated Content
Yeyote users may contribute content to the Service (which may include, for example, pictures, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to any other part of the Yeyote Service.
You promise that, with respect to any User Content you post on Yeyote, (1) you have the right to post such User Content, and (2) such User Content, or its use by Yeyote as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Yeyote or any artist, band, label, entity or individual without express written consent from such individual or entity.
Yeyote may, but has no obligation to, monitor, review, or edit User Content. In all cases, Yeyote reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Yeyote’s sole discretion, violates the Agreements. Yeyote may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Yeyote is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST YEYOTE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD YEYOTE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Yeyote Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Yeyote Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Yeyote (e.g. podcasts) may contain advertising as part of the Content. In such cases, Yeyote will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Yeyote in connection with the Yeyote Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Yeyote to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Yeyote a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User guidelines
Yeyote respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Yeyote stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever: [The bullets shouldn’t be indented ~ left padding]
copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Yeyote Service or the Content, or otherwise making any use of the Yeyote Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Yeyote Service or the Content or any part of it;
using the Yeyote Service to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Yeyote Service, Content or any part thereof unless permitted by applicable law;
circumventing any technology used by Yeyote, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the Yeyote Service or the Content;
circumventing any territorial restrictions applied by Yeyote or it licensors;
artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Yeyote Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
providing your password to any other person or using any other person’s email/phone number and password;
“crawling” the Yeyote Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Yeyote; or
selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect Yeyote, the owners of the Content, and other users of the Yeyote Service. Don’t engage in any activity, post any User Content, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Yeyote or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Yeyote inbox;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Yeyote;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Yeyote;
interferes with or in any way disrupts the Yeyote Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Yeyote’s computer systems, network, usage rules, or any of Yeyote’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by Yeyote.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Yeyote account.
Please be thoughtful about how you use the Yeyote Service and what you share. The Yeyote Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Yeyote or across the web, so please use Yeyote carefully and be mindful of your account settings. Yeyote has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your email/phone number and password on the Service. If your email/phone number or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Infringement and reporting User Content
Yeyote respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact us. If Yeyote is notified by a copyright holder that any Content infringes a copyright, Yeyote may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Yeyote with a request to restore the removed content.
10 Service limitations and modifications
Yeyote will make reasonable efforts to keep the Yeyote Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Yeyote reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Yeyote Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Yeyote Service or any function or feature thereof. You understand, agree, and accept that Yeyote has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Yeyote and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11 Customer Support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
12 Export Control
Yeyote’s products may be subject to Rwanda export and re-export control laws and regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Yeyote under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the Rwanda or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
13 Term and termination
The Agreements will continue to apply to you until terminated by either you or Yeyote. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Yeyote may terminate the Agreements or suspend your access to the Yeyote Service at any time, including in the event of your actual or suspected unauthorised use of the Yeyote Service and/or Content, or non-compliance with the Agreements. If you or Yeyote terminate the Agreements, or if Yeyote suspends your access to the Yeyote Service, you agree that Yeyote shall have no liability or responsibility to you and Yeyote will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Yeyote account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
14 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE YEYOTE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE YEYOTE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YEYOTE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER YEYOTE NOR ANY OWNER OF CONTENT WARRANTS THAT THE YEYOTE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, YEYOTE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE YEYOTE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT YEYOTE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE YEYOTE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM YEYOTE SHALL CREATE ANY WARRANTY ON BEHALF OF YEYOTE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE YEYOTE SERVICE IS TO UNINSTALL ANY YEYOTE SOFTWARE AND TO STOP USING THE YEYOTE SERVICE. WHILE YEYOTE ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO YEYOTE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YEYOTE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE YEYOTE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER YEYOTE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE YEYOTE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO YEYOTE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Yeyote’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
16 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Yeyote, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Yeyote only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to an embargo by the government of Rwanda, or that has been designated by the government of Rwanda as a “terrorist supporting” country; and (2) you are not listed on any Rwandan Government list of prohibited or restricted parties.
17 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Yeyote, the Agreements constitute all the terms and conditions agreed upon between you and Yeyote and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Yeyote Service may be governed by additional agreements. That could include, for example, access to the Yeyote Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Yeyote’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
18 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Yeyote or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Yeyote’s or the applicable third party beneficiary’s right to do so.
Yeyote may assign the Agreements or any part of them, and Yeyote may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Yeyote harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Yeyote Service; and (4) your violation of any law or the rights of a third party.
21 Choice of law, mandatory arbitration and venue
21.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a particular jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Rwanda, without regard to choice or conflicts of law principles.
Further, you and Yeyote agree to the jurisdiction of the courts of Rwanda to exclusively resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).
Yeyote does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
21.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND YEYOTE 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 Yeyote 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.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 23.3. is enforceable, the following mandatory arbitration provisions apply to you:
21.3.1 Dispute resolution and arbitration
You and Yeyote agree that any dispute, claim, or controversy between you and Yeyote arising in connection with or relating in any way to these Agreements or to your relationship with Yeyote as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (23.3.1) above, you and Yeyote both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a Rwandan small claims court, (2) pursue enforcement actions through applicable Rwandan national or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
21.3.3 Arbitration rules
Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in Rwanda, any arbitration between you and Yeyote will be finally settled under the Kigali International Arbitration Center (“KIAC”), as modified by the Agreements.
21.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
21.3.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Yeyote may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Yeyote shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Yeyote shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Yeyote in settlement of the dispute prior to the arbitrator’s award; or (3) Rwf 50,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Yeyote shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Yeyote makes any future change to this arbitration provision (other than a change to Yeyote's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Yeyote's address for Notice, in which case your account with Yeyote shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 23.2 is found to be unenforceable in arbitration or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23.1 shall govern any action arising out of or related to the Agreements.
22 Contact Us
If you have any questions concerning the Yeyote Service or the Agreements, please contact Yeyote customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy Yeyote!
Contracting entity: Yeyote Music Ltd, Kigali, Rwanda