Terms Of Service.

Effective Date: June 15, 2023

PLEASE READ THESE CENTRAL TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE PROVIDED BY USA FASHION COMPANY LLC DBA YLYTH (collectively, "Ylyth," "we," or "us," or "our"). THESE CENTRAL TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

These Terms of Service ("Terms") apply to your use of the website, mobile application, or any other online service where these Terms are posted (collectively referred to as the "Site"). By clicking on an "Accept," "Register," or similar button or icon, connecting to the Site through a third-party platform such as Facebook, or by accessing, browsing, or using the Site in any way, you agree to comply with these Terms and our Privacy Policy, whether or not you have registered with the Site. When we refer to "you" or "your," we mean the individual who accesses, uses, and/or participates in the Site in any way, as well as your heirs, assigns, and successors. The Site reserves the right to deny access to anyone who violates these Terms.

Eligibility.

The Site is intended for individuals who are 13 years of age or older. Please refer to our Privacy Policy (https://www.ylyth.ai/privacy-policy) for more details regarding age restrictions and the collection of personal information.

Copyright.

All information, content, services, and software displayed on or transmitted through the Site (excluding User Content) are owned by Ylyth and/or its licensors and suppliers. This includes news articles, stories, reviews, directories, guides, text, photographs, images, illustrations, audio clips, videos, HTML, source and object code, trademarks, logos, and other materials (collectively, the "Content"), as well as their selection and arrangement.

You are permitted to use the Content online only for your personal, non-commercial use. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice from the Content.

If you operate a website and wish to link to the Site, you may do so as long as you agree to remove the link upon our request. Any other use of the Content requires prior written permission from Ylyth. Your permitted use of the Content is conditional upon your ongoing compliance with these Terms.

Unless explicitly permitted herein or on the Site, you may not republish any portion of the Content on any website, intranet, extranet, or any other online or offline publication. You may not incorporate the Content into any database, compilation, archive, cache, or similar medium. Distribution of the Content to others, whether for payment or other consideration, is prohibited. You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content.

You are not permitted to scrape or copy our Content without our permission. Decompiling, reverse engineering, or disassembling any software or products accessible through the Site is prohibited. You must not insert any code or product or manipulate the Content or the Site in any way. Additionally, you are not allowed to use any data mining, data gathering, or extraction methods.

While Ylyth is currently ad-free, we reserve the right to incorporate commercials, advertisements, sponsorships, and other marketing activities throughout the entire Ylyth website, including specific pages. The use of ad-blocking software by non-subscribers to access our content is strictly prohibited. It is not permissible to employ methods that bypass our paywall or circumvent any limitations on the number of free articles that may be accessed within a given period (if such an offering is provided). Engaging in such activities may constitute a violation of the Copyright Act, the Computer Fraud and Abuse Act, and other applicable federal and state laws.

Request to use the Content. 

If you have a request to use the Content for a purpose other than what is permitted in the Terms, please direct your request to termsofservice@ylyth.ai.

In certain cases, we may provide online functionality that allows you to use individual stories, articles, or videos in specific ways. For example, you may be able to email a story to a friend or purchase the rights to reproduce a story for other use. In such cases, we will provide clear instructions on the portion of the Content you may use, or you will find a link within the Content itself that allows you to perform the permitted action, such as emailing the story or purchasing reproduction rights.

Registration.

Registration on the Site is not required to view certain Content. However, to access certain features or participate in specific activities on the Site, such as posting comments, communicating, uploading photos or videos, or accessing certain Content, you may need to register or subscribe and provide certain information about yourself. By becoming a registered member of the Site, you accept responsibility for all activities that occur under your registration account.

During the registration process, you must provide accurate, complete, and up-to-date information about yourself. It is your responsibility to ensure that the information remains true, accurate, complete, and correct. If any changes occur, please promptly update your information.

Please note that we reserve the right to terminate your access to and use of the Site if multiple individuals from different households access the Site using a single registration account. It is your responsibility to maintain the confidentiality of your password and restrict access to your computer to prevent unauthorized use of your registration account. If you suspect that someone has accessed the Site using your registration account and password without your permission, please contact us immediately at termsofservice@ylyth.ai.

User Content Representations and Warranties. 

By submitting User Content to the Site, such as posting content or communications on bulletin boards, forums, blogspaces, message or chat areas, or sharing text, images, audio files, video clips, or any audio-visual content (collectively referred to as "User Content"), you represent and warrant the following:

  1. Ownership or Rights: You affirm that you own the User Content you provide or have obtained all necessary rights, licenses, consents, and permissions to use and share the User Content on the Site in accordance with these Terms.

  2. Non-Infringement: You warrant that the User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any person or entity. You agree not to submit any User Content that may cause harm, damage, or injury to any individual or entity.

Additionally, when submitting User Content, it is prohibited to use a name other than your own legal name, except in specific areas of the Site that explicitly permit the use of unique, fictitious names.

By providing User Content, you acknowledge and accept the responsibility and liability for its accuracy, legality, and compliance with applicable laws and regulations.

Please note that Ylyth and its designees have the right to review, monitor, and potentially remove or modify User Content, as outlined in the Terms.

User Content License.

When you provide User Content to the Site, such as posting, uploading, or making it available in any form, you grant Ylyth a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Content. This license applies to the entire User Content or any portion of it, in any form, format, or medium, known now or developed in the future.

This license allows Ylyth to:

  1. Share the User Content on all affiliated websites, mobile applications, newspapers, and online/offline services related to Ylyth and USA Fashion Company LLC.

  2. Make the User Content searchable and accessible by users of the Site and other USA Fashion Company LLC websites, mobile applications, newspapers, and online services.

  3. Place advertisements in close proximity to the User Content.

  4. Use your name, likeness, and other provided information in connection with the use of the User Content.

By granting this license, you waive all moral rights you may have in the User Content. Additionally, you authorize Ylyth to use any material, information, ideas, concepts, know-how, or techniques contained in your communication or submission for any purpose, including commercial purposes and the development, manufacturing, and marketing of commercial products.

You acknowledge that you will indemnify, defend, and hold Ylyth, its officers, directors, and employees harmless from any claims arising from the User Content you post. Ylyth reserves the right to assume exclusive defense and control of any such claims, and you agree to cooperate with Ylyth in asserting any available defenses.

Furthermore, you grant each user of the Site a non-exclusive license to access and use your User Content through the Site, within the functionality of the Site and in accordance with these Terms.

Please note that these rights and licenses are granted without the need for additional compensation from Ylyth to you.

Unsolicited Material and Ideas.

We appreciate feedback from our users regarding our Site. However, please note that the Site is not responsible for any similarity between its content or programming in any media and materials or ideas provided to the Site. If you choose to transmit unsolicited submissions to us through the Site or by other means, you grant Ylyth a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions.

By submitting unsolicited material, you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used by Ylyth as deemed appropriate. You acknowledge that you are not entitled to any compensation, credit, or notice with respect to such submissions and that by sending an unsolicited submission, you waive the right to make any claim against the Site, Ylyth, and its parents, officers, or directors related to the use of such submission. This includes claims of infringement of proprietary rights, unfair competition, breach of implied contract, or breach of confidentiality, even if the material or idea used is substantially similar to the idea you submitted.

Please note that this provision applies specifically to unsolicited submissions, and any User Content provided by you is subject to the User Content License described earlier. 

User Content Screening and Removal.

The Site and/or its designees have the right, but not the obligation, to review, screen, move, remove, block, edit, or refuse any User Content for any reason. This includes instances where the User Content violates these Terms or is deemed objectionable by the Site or its designees. They may exercise this discretion at their sole discretion and without any obligation to do so.

User Content Assumption of Risk.

While the Site may occasionally review and monitor postings, transmissions, and other content on the Site, it cannot guarantee that all User Content will be monitored or managed. The accuracy, integrity, and quality of User Content are not guaranteed by the Site. The person who provides the User Content is solely responsible for it. Therefore, you are entirely responsible for any User Content you provide. It is important to exercise caution and use your best judgment when using Site forums, chat rooms, bulletin boards, blogs, or similar features to ensure your safety. We advise against sharing personal phone numbers, addresses, or any other information that could be used to identify or locate you. By disclosing such information through postings, uploads, or communications, you acknowledge and agree that it may be used to identify you.

User Content Posting Rules.

When providing User Content, you are required to adhere to the following rules, and we reserve the right to make the final determination on whether User Content violates these rules:

  1. If the photo or video includes children under the age of 13, you must have written permission from the child's parent or guardian.

  2. Do not provide User Content that:

  • Contains copyrighted or proprietary material without express permission from the owner.

  • Includes vulgar, profane, abusive, racist, hateful, or inflammatory language, expressions, epithets, slurs, text, photographs, or illustrations.

  • Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, or violates the privacy rights of any third party.

  • May cause harm or damage to the Site, yourself, us, or anyone else.

  • Violates the rights of the Site, Ylyth, or any third party.

  • Infringes on the privacy rights or rights of publicity of other individuals.

  • Discriminates based on race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any prohibited manner.

  • Violates any municipal, state, federal, or international laws, rules, regulations, ordinances, or similar requirements.

  • Interferes with the use of the Site by any third party.

  • Advertises, promotes, or offers to trade goods or services, except in designated areas.

  • Collects user content or information or accesses the Site using automated means without prior permission.

  • Violates any robot exclusion headers or bypasses measures designed to prevent or limit access to the Site.

  • Shares, recompiles, decompiles, disassembles, reverse engineers, or makes derivative works from the Site.

  • Attempts to scrape or collect personal or private information from users or the Site.

  • Assumes a false identity or impersonates someone else.

  • Intercepts, monitors, damages, or modifies any communication not intended for you.

  • Uses another person's registration account, password, service, or system, except as expressly permitted.

  • Uploads or transmits viruses or any other harmful, disruptive, or destructive files, materials, or code.

  • Disrupts, interferes with, or harms the security of the Site, services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated sites.

  • "Flames" or engages in repeated derogatory or offensive comments about another individual or repeats the same message under multiple threads or subjects.

  • Otherwise violates these Terms.

WARNING: a violation of these posting rules may be reported to law enforcement authorities.

If you become aware of any person engaging in restricted uses of the Site, you are required to notify us immediately by sending an email to termsofservice@ylyth.com. You should also provide reasonable assistance in any investigations we conduct based on the information you provide.

While we are not obligated to monitor users' access or use of The Site or review or edit any content, we reserve the right to do so at our discretion. This may include:

Operating and improving the Site, including fraud prevention, risk assessment, investigation, and customer support purposes.

Ensuring compliance with these Terms.

Complying with applicable laws or the orders or requirements of courts, administrative agencies, or other governmental bodies.

Addressing content that we determine to be objectionable, in violation of these Terms, harmful to the Site, or for any other reason we consider appropriate.

We reserve the right to remove or disable access to any objectionable Content without prior notice, as well as block users from accessing the Site from certain IP addresses at any time and at our sole discretion, to protect the integrity of the Site.

You acknowledge, consent, and agree that we may access, preserve, and disclose your information if it is reasonably necessary:

  • To respond to claims against us or comply with legal processes such as subpoenas, warrants, or other legal requirements.

  • To enforce or administer our agreements with users, including these Terms.

  • To provide requested services.

  • To protect the rights or property of the Site, Ylyth, third-party suppliers, and licensors.

  • For fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes.

  • To protect the rights, property, or safety of the Site, its users, or the general public.

  • In circumstances that we, in our sole discretion, deem to pose a threat to our safety, your safety, or the safety of others.

Please be aware that we take these measures to comply with legal obligations and protect the Site and its users.

Transactions and E-Commerce. 

During your visit to the Site, you may choose to participate in a transaction involving the purchase of various products, such as a Read&Reward, subscription, merch purchasing, an online advertisement, or other tangible goods and services. It is important to note that credit card transactions and order fulfillment are typically handled by third-party processing agents, banks, or distribution institutions. While most transactions are completed smoothly, it is essential to recognize that perfect security cannot be guaranteed on the Internet or offline.

Please note that Ylyth operates as an online service, and therefore, orders cannot be placed via phone. It is important to understand that the Site cannot assume responsibility for the success or security of transactions carried out or processed by third parties.

In addition to conventional media business models, Ylyth introduces the Read&Rewards program, which operates in a unique manner. This program functions as a form of crowdfunding, allowing readers to voluntarily contribute and support Ylyth according to their discretion. Unlike traditional models, there is no mandatory upfront payment or subscription required to access the content. With Read&Rewards, readers have the freedom to enjoy all the content on the Ylyth platform without a predetermined cost.

We want to clarify that the Read&Rewards program differs from typical advance payment services. Readers are not obligated to pay before accessing the content. Instead, they are provided with the service of accessing and enjoying the content upfront, with the option to contribute monetarily if they choose to do so. It is essential to understand that when a reader makes a contribution, it signifies their acknowledgment that they have already received the full service and content provided by Ylyth.

While we encourage readers to consider supporting Ylyth through the Read&Rewards program as a means of contributing to our platform's sustainability and development, it is important to note that participation in the program is entirely voluntary. Readers are not obligated to make any payments, and we respect their freedom to choose whether or not to contribute.

It is crucial to emphasize that the Read&Rewards program is not a donation-based system; rather, it follows a service-based model. Readers receive the content and services in advance, and any contributions made are considered payments for the service already provided. By making a payment, readers affirm that they have no further questions or concerns regarding the quality or completeness of the service received.

Please be aware that until you engage in a transaction via Ylyth, you are not considered a Ylyth customer.

While Ylyth currently provides free access to users, we reserve the right to introduce a subscription or any other fee for accessing or using our content in the future.

As with any service, we retain the right to modify the terms and conditions of the Read&Rewards program and the content provided on the Ylyth platform. This flexibility allows us to adapt to changing circumstances, improve our services, and ensure the sustainability of our platform. While we strive to provide notice of significant changes in advance, please be aware that modifications may occur without prior notice.

We recommend regularly reviewing our Terms of Service to stay informed about any updates or changes. If you have specific questions or concerns regarding the Read&Rewards program or our services, we encourage you to seek legal advice or contact our support team for further clarification.

Linked Sites. 

In the event that we provide links to other websites, it is important to understand that we do not operate, control, or have any direct affiliation with these external websites. Therefore, you should exercise caution and review the applicable terms and conditions as well as the privacy policy of any linked website before providing any personal information or engaging in any transactions. Please note that we are not responsible for the content or practices of any website that is not part of the Site, even if the website is affiliated with or connected to us. By using the Site, you acknowledge and agree that we are not liable or responsible for any content or materials hosted on external websites except as expressly provided herein.

Embedded Video Player. 

During your visit to the Site, you may come across certain content that is created, hosted, and/or licensed by third parties, which may be accessed through links or displayed within a frame. It is important to understand that the Site has no control over these third-party sites and resources. Therefore, you acknowledge and agree that we are not responsible for the availability of external websites or resources, nor do we assume any liability for the content, actions, or policies of such sites. Any information you provide on these external websites, including personal and transactional information, is subject to the respective Terms and Conditions and Privacy Policy of those websites.

YouTube and Vimeo Embedded Video Players:

The Site may utilize unbranded versions of the YouTube and Vimeo embedded video players ("YouTube Player" and "Vimeo Player") to display video content sourced from these platforms. By using, interacting with, or engaging with the YouTube Player or Vimeo Player on the Site, you hereby agree to be bound by the respective terms of service of YouTube and Vimeo that can be found on their websites.

Please note that by accessing or using the Site, you are acknowledging and accepting the terms and conditions outlined in this section related to linked sites and the YouTube Player and Vimeo Player.

Errors in Advertisements. 

While Ylyth currently operates as an ad-free service, we reserve the right to introduce advertising in the future.

Advertisers, typically third parties, are responsible for the content of advertisements displayed on Ylyth. Ylyth cannot guarantee the accuracy or availability of products or services as depicted in advertisements or other materials on the site. There may be instances where a product or service is unavailable at the advertised time or price. In the event of such occurrences, or if a product is listed with an incorrect price or inaccurate information due to typographical errors, technological errors, errors in publication dates or durations, errors in pricing or product information received from our advertisers or suppliers, or any other reasons, you acknowledge and agree that Ylyth cannot be held responsible for such errors or discrepancies.

We strive to provide accurate and up-to-date information, but errors may occur occasionally. We apologize for any inconvenience caused by these errors or discrepancies. It is important for users to exercise their own judgment and discretion when relying on information provided in advertisements or other materials on the Site.

In case you encounter any errors or discrepancies, we encourage you to report them to us promptly so that we can investigate and address the issue as efficiently as possible. Your feedback is valuable in helping us improve the accuracy and quality of the information presented on the Site.

Please note that the Site reserves the right to correct any errors or inaccuracies, update information, modify or remove advertisements, or take any other appropriate actions, without prior notice, to rectify any errors or discrepancies. Our aim is to ensure a fair and transparent experience for our users, and we appreciate your understanding and cooperation in these situations.

Communications with Third Parties Through the Site. 

Any interactions or communications you have with parties other than Ylyth, conducted through the Site, are solely between you and those third parties. For instance, certain sections of the Site may facilitate transactions or the purchase of goods and services. In most cases, these transactions will be facilitated by our third-party partners and vendors. It is important to note that the Site holds no liability for any goods, services, resources, or content made available through such dealings or communications with third parties, nor for any harm arising from such interactions.

Before engaging in any transaction, we strongly advise you to carefully review the policies and practices of the respective third-party involved. It is essential that you feel comfortable with their terms before proceeding. Any complaints, concerns, or inquiries regarding materials provided by third parties should be directed to the third party themselves.

We strive to provide a platform that connects users with various parties and resources, but we do not control or endorse the actions, policies, or content of these third parties. It is your responsibility to exercise caution and diligence when engaging in any transactions or communications with third parties through the Site. By using the Site, you acknowledge that Ylyth bears no responsibility for any issues that may arise from such interactions.

Regarding AI-generated Content. 

Please note that all content on Ylyth, including texts, pictures, videos, logos, and even the name itself, is created by artificial intelligence (AI). With a few exceptions, such as legal documents, AI is heavily involved in the generation of our content. We take great care to ensure that the AI-generated content is checked for plagiarism before it is published.

It is important to understand that AI-generated content is not susceptible to plagiarism in the traditional sense. As the content is created by AI algorithms, it does not draw upon existing works in the same manner as human-created content. Therefore, the notion of plagiarism, as it applies to human-authored content, does not apply to the AI-generated content on Ylyth.

However, if you believe that any content on Ylyth infringes upon your copyright or violates any other intellectual property rights, please follow the process outlined in the Notice of Intellectual Property Infringement section to contact our Copyright Agent. We take such matters seriously and will investigate any legitimate claims promptly.

Please note that the AI-generated content on Ylyth undergoes thorough checks and scrutiny to ensure its originality and adherence to legal and ethical standards. Nevertheless, if you have any concerns regarding the content, we encourage you to reach out to our Copyright Agent for further assistance.

We appreciate your understanding and cooperation in upholding intellectual property rights.

Disclaimer.

Please be aware that all content featured in Ylyth magazine is generated by an AI language model, and it's just inspired by human input. The articles, stories, and other materials within the magazine are intended for entertainment purposes only. While the AI is programmed to draw inspiration from human sources, it is important to note that the content produced by AI does not reflect the views, opinions, or expertise of any specific human author.

The AI-generated content is designed to simulate creative and engaging pieces, offering a unique perspective on various subjects. However, it is crucial to understand that the information presented may not be based on real-world facts or current events. Any similarities to actual persons, organizations, or events are purely coincidental.

We urge readers to approach the content critically and to verify any information independently, as AI-generated content may not always provide accurate or up-to-date details.

Furthermore, while we use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Site and Ylyth do not represent or warrant that the use of any Content will not infringe on the rights of third parties.

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER Ylyth, THE SITE, NOR ANY OF Ylyth AND/OR SITE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.

ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, ARE SPECIFICALLY DISCLAIMED.

THE SITE, Ylyth, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OR LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY.

THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, Ylyth, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OR LICENSORS SHALL NOT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, Ylyth, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, Ylyth, AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE.

Please note that while we make every effort to carefully check all AI-generated content for plagiarism, it is created by an AI and is intended for fictional purposes. The AI's content cannot be considered plagiarism in the traditional sense, as it is not based on existing works or human authorship. However, if you have any concerns regarding the content, including potential copyright violations, please contact our copyright agent as outlined in the "Notice of Intellectual Property Infringement" section.

By using the Site and continuing to engage with its content, you acknowledge and agree to the terms and conditions set forth in this disclaimer, including the limitations of liability and the unique nature of AI-generated content.

We encourage you to read this disclaimer carefully and reach out to us if you have any questions or concerns.

Notice of Intellectual Property Infringement.

The Site is committed to complying with the Digital Millennium Copyright Act (DMCA) and other relevant laws. In appropriate circumstances, we will terminate the registration account of any member who is found to infringe upon the intellectual property rights of third parties or remove User Content that is deemed to be infringing.

If you believe that your work has been copied in a manner that constitutes copyright infringement and is displayed on the Site, please provide the following information to our Copyright Agent (please consult your legal counsel or refer to 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property rights holder.

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.

  • Information regarding the location of the infringing material on the Site (providing us with the website URL is the most efficient way for us to locate the content quickly).

  • Your contact information, including your address, telephone number, and email address.

  • A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

To reach the Site's Copyright Agent, please contact Ylyth.

We take intellectual property rights seriously and will promptly investigate and address any notices of infringement that comply with the requirements set forth above.

Indemnity. 

You agree to indemnify, defend, and hold harmless the Site, Ylyth, their respective parent companies, partners, suppliers, licensors, officers, directors, shareholders, members, employees, representatives, contractors, agents, and sublicensees from any and all claims, including but not limited to claims for defamation, trade disparagement, privacy, and intellectual property infringement, as well as damages, attorneys' fees, and court costs, in any and all jurisdictions. This indemnification applies to any allegation related to:

  • Your use of the Site.

  • The Site's and/or Ylyth's use of any User Content or information you provide, as long as such use is not inconsistent with these Terms.

  • Information or material provided through your registration account, even if not posted by you.

  • Any violation of these Terms by you.

You acknowledge that Ylyth and USA Fashion Company LLC are not responsible for the content you submit or the actions you take while using the Site. In the event of any claim or demand arising from the aforementioned situations, you agree to provide a full indemnity and hold us harmless.

It is important to understand that this indemnity provision extends to all claims, damages, and liabilities, including but not limited to those arising from third-party actions or assertions. You are responsible for any actions taken or content shared through your account, and you agree to bear the legal and financial consequences associated with such actions.

Please note that this indemnity provision remains in effect even after your use of the Site has ceased.

International Users. 

The Site is operated and administered by us from its office in the United States. We make no representation that the materials or content available through the Site are appropriate or available for use outside the United States. Accessing the Site from territories where the content is illegal is prohibited. Furthermore, you are prohibited from using the Site or exporting the Content and/or User Content in violation of U.S. export laws and regulations.

If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws in your jurisdiction. Please note that if you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to provide personal data to us. If you choose to provide personal data despite this restriction, we will not be held responsible for any consequences arising from such disclosure.

It is your responsibility to ensure compliance with the laws and regulations of your jurisdiction when accessing and using the Site. 

Modifying these Terms. 

Ylyth and USA Fashion Company LLC reserve the right to change these Terms at any time in their respective discretion and to notify users of any such changes by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after posting any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.

Discontinuation of Service. 

The Site reserves the right to modify, suspend, discontinue, or restrict the use of any portion of the Site, including the availability of any Content, at any time without notice or liability. We may deny access to any registered member or user at any time and for any reason, or no reason at all, at our sole discretion. Furthermore, the Site or Ylyth may transfer rights and obligations under these Terms to any Ylyth affiliate, subsidiary, business unit, or any entity that acquires Ylyth, the Site, or any of their respective assets.

Please note that the Site's decision to modify, suspend, discontinue, or restrict the Site or any portion thereof, or to deny access to any user, is at our sole discretion and without any obligation to provide prior notice.

We encourage you to review these Terms periodically to stay informed of any updates or changes.

Statute of Limitations. 

To the extent permitted by applicable law, you agree to initiate any claim related to this Site or these Terms within six months of the occurrence of the events giving rise to such claim. Failure to do so within this time period will result in the waiver of such a claim.

Please note that this provision establishes a time limit within which you must assert any claims, and it is important to act promptly to protect your rights.

Disputes. 

If you have any concerns or questions regarding the Site, you can contact our Customer Support Department at termsofservice@ylyth.ai. Our dedicated team is available to address your concerns and strives to resolve any issues to your satisfaction promptly.

Both parties agree to make reasonable efforts to settle any dispute, claim, question, or disagreement through consultation with the Customer Support Department and good faith negotiations. It is a condition that both parties engage in these efforts before initiating a lawsuit or arbitration.

For any dispute that is not subject to binding arbitration or as otherwise specified in these Terms, you and the Site agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the County of Los Angeles, State of California. You also agree to accept the service of process by mail and waive any jurisdictional and venue defenses that may otherwise be available to you.

These Terms and the relationship between you and the Site will be governed by the laws of the State of California, regardless of any conflict of law provisions.

YOU AND YLYTH AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

This Section is intended to be interpreted broadly and governs any and all disputes between you and Ylyth, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Ylyth, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes claims that arose before these Terms or any prior agreement and claims that may arise after the termination of these Terms.

However, this mandatory arbitration provision does not apply to certain disputes. Disputes related to intellectual property rights or claims may be litigated in court. Additionally, claims that qualify for small claims court proceedings are excluded from the arbitration requirement.

Please note that this arbitration provision supersedes any prior arbitration or other agreements between you and Ylyth.

If any provision of this arbitration provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.

By using the Site, you acknowledge and agree to the mandatory arbitration and class action waiver provisions set forth in these Terms. If you do not agree to these provisions, you should not use the Site.

By agreeing to these Terms, you acknowledge that most disputes can be resolved without resorting to litigation. In the event of any dispute, claim, question, or disagreement, except for intellectual property and small claims court claims, both parties agree to do their best to settle the matter through consultation with Ylyth's Customer Support Department. Good faith negotiations and attempts at resolution shall be a precondition to either party initiating a lawsuit or arbitration.

To address any concerns or disputes, you can contact our Customer Support Department at termsofservice@ylyth.ai. Our Customer Support Department is dedicated to resolving issues and finding amicable solutions to customer satisfaction.

By engaging in this initial dispute resolution process, both parties demonstrate their commitment to resolving any disputes in a fair and efficient manner without the need for formal legal proceedings.

Please note that this initial dispute resolution process does not apply to intellectual property claims, which may be subject to separate procedures or to claims falling within the jurisdiction of small claims court.

Binding Arbitration.

If the parties are unable to reach a mutually agreed-upon solution within 60 days of initiating informal dispute resolution, either party may initiate binding arbitration as the sole means of resolving claims, subject to the following terms.

All claims arising from or relating to these Terms, the parties' relationship and your use of the Site shall be settled through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services). The specific rules that will apply depending on the amount of the claim. Claims not exceeding $250,000 will be subject to the JAMS Streamlined Arbitration Procedure Rules, while claims exceeding $250,000 will follow the JAMS Comprehensive Arbitration Rules and Procedures. Class actions and any rules or procedures permitting or governing them are excluded.

The arbitrator, rather than any federal, state, or local court or agency, will have exclusive authority to resolve disputes regarding the interpretation, enforceability, applicability, or formation of these Terms or the Privacy Policy. This includes determining the validity or voidability of any part of these Terms or Privacy Policy, whether a claim is subject to arbitration, or the question of waiver through litigation conduct. The arbitrator may grant any relief that would be available in a court under applicable law or equity. The arbitrator's decision will be binding and can be entered as a judgment in any court with jurisdiction.

To initiate arbitration, you must: (a) draft a Demand for Arbitration that includes a description of the claim and the amount of damages sought (a sample Demand for Arbitration can be found at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS at Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Ylyth at 4170 Admiralty Way Unit 113, Marina Del Rey, CA, USA, 90292.

Ylyth will bear the additional cost if the arbitration filing fee exceeds the cost of filing a lawsuit. If the arbitrator determines that the arbitration is not frivolous, Ylyth will cover the invoiced fees by JAMS, including filing fees, arbitrator fees, and hearing expenses. Unless otherwise provided by the arbitration rules or applicable law, you are responsible for your own attorney's fees.

Both parties understand that, without this mandatory arbitration provision, they would have the right to file a lawsuit and have a jury trial. They also acknowledge that, in certain cases, the costs of arbitration may surpass the costs of litigation, and the discovery process may be more limited in arbitration.

If you are a resident of the United States, arbitration may take place in the county where you currently reside. For individuals residing outside the United States, arbitration shall be initiated in Los Angeles County, California. Both you and Ylyth agree to submit to the personal jurisdiction of any federal or state court located in Los Angeles County, California, for the purpose of enforcing arbitration, staying proceedings pending arbitration, or confirming, modifying, vacating, or entering judgment on the arbitrator's award.

Class Action Waiver.

The parties agree that the arbitration will be conducted on an individual basis and not as a class action or representative action. Both parties expressly waive their right to file or participate in a class action or seek relief on a class basis. Any claims must be brought in the individual capacity of the party and not as a plaintiff or class member in any purported class or representative proceeding.

If a court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, the arbitration provisions mentioned above will be considered null and void in their entirety. In such a case, the parties will be deemed not to have agreed to arbitrate disputes on a class basis.

Exception.

Although the parties have agreed to resolve all disputes through arbitration, there are exceptions for litigation related to intellectual property and small claims court claims. Either party may bring enforcement actions, validity determinations, or claims related to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office, to protect their intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets but do not include privacy or publicity rights.

Additionally, either party may seek relief in a small claims court for disputes or claims that fall within the jurisdiction of such a court.

30-Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending a written notice of your decision to opt out to termsofservice@ylyth.ai with the subject line "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of either (a) the Effective Date of these Terms or (b) the first date that you used the Site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. If you opt out within the specified timeframe, you will not be required to arbitrate disputes in accordance with those provisions, and Ylyth will also not be bound by them.

Changes to This Section. 

Any changes to this section will be made in the same manner as described in the "Modifying these Terms" section above. However, these changes will only take effect sixty (60) days after the revised Effective Date of these Terms and will only apply to claims that arise after the sixtieth (60th) day. If a court or arbitrator determines that the subsection on "Changes to This Section" is not enforceable or valid, it will be severed from the "Mandatory Arbitration and Class Action Waiver" section. The court or arbitrator will then apply the first version of the Mandatory Arbitration and Class Action Waiver section that was in existence after you began using the Site.

Survival. 

The Mandatory Arbitration and Class Action Waiver section shall remain in effect and survive any termination of your account or the Site.

Severability. 

If any provision of these Terms is found to be unenforceable, it will be enforced to the maximum extent permissible to fulfill the intent of the parties, and the remaining provisions will continue to be in full force and effect.

Force Majeure. 

The Site will not be considered in breach of these Terms if it fails to comply with any provision due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, the act of public enemies, actions of governmental authorities outside of the control of the Site (excepting compliance with applicable codes and regulations), or other force majeure event.

Section Titles. 

The section titles used in these Terms are for convenience only and do not carry any legal or contractual effect.

No Waiver. 

The failure of the Site to enforce or exercise any provision or right under these Terms shall not constitute a waiver of that provision or right.

No Third-Party Beneficiaries. 

These Terms do not create any rights or benefits for third parties except as expressly provided in these Terms.

Conflicts. 

In the event of a conflict between these Terms and any electronic or machine-readable statement or policy, these Terms shall prevail. Likewise, in the event of a conflict between these Terms and our Privacy Policy, these Terms shall prevail.

No Joint Venture, Partnership, or Agency Relationship. 

No joint venture, partnership, or agency relationship is created between you and the Site. These Terms, along with our Privacy Policy, your use of the Site, and any information, products, or services provided by the Site, do not establish or imply a joint venture, partnership, or agency relationship between you and the Site or Ylyth.

Termination. 

If these Terms are terminated for any reason, certain provisions will survive, including limitations on your use of Content, any licenses granted to the Site, the Disputes provisions, and any other provisions that are deemed equitable or appropriate to survive termination.

Limitation of Liability and Disclaimer of Warranties are Material Terms. 

You acknowledge that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms of Service.

Entire Agreement. 

These Terms constitute the entire agreement between you and the Site, and they supersede all prior or contemporaneous understandings regarding the subject matter. No amendment or modification to these Terms will be binding unless made in writing and signed by Ylyth. Failure to exercise or delay in exercising any right or power by either party under these Terms shall not operate as a waiver, and any partial exercise of a right or power shall not prevent further exercise of that right or power. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall prevail.