These Terms of Use, along with the End User License Agreement for the Application (defined below), comprise a binding agreement between you and Yingit Inc., a Delaware corporation with a principal place of business at 6125 Luther Ln., Suite 103, Dallas, Texas 75225 (“We”, “Us” or “Our”) governing the use of the Yellfy app (the “Application”). By installing or using the Application, you agree to comply with and be bound by these Terms of Use. If you do not agree with these Terms of Use, you must immediately cease use of the Application.

1. Community Guidelines

1.1. You agree not to make available any messages, listings, postings, images, videos, audio clips, links, or other information (collectively, “Content”) that is unlawful, defamatory, abusive, harassing, threatening, obscene, infringing, fraudulent or otherwise inappropriate.

1.2. You agree not to send unsolicited advertisements through the Application or to its users.

1.3. You agree not to use automated means to trawl, mine, scrape, frame, mirror or otherwise collect or download data from the Application or Our systems.

1.4. You agree not to distribute viruses or any other programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You also agree not to attempt to gain unauthorized access to any of Our systems or to Our users’ systems or accounts.

1.5. You agree not to upload, submit, or otherwise transmit any Content that infringes, violates or misappropriates the intellectual property or other proprietary rights, rights of publicity or privacy or any other rights of Us or of any other person, firm or enterprise, whether arising under the jurisdiction of the United States or under any other local foreign laws.

1.6. You agree not to upload, submit, or otherwise transmit any Content that will adversely affect Us or reflect negatively on Us, any of our goodwill, name or reputation, or cause duress, distress or discomfort to any of Us or anyone else, or discourage any person, firm or enterprise from using all or any portion, feature or function of the Application, or from advertising, linking or becoming a supplier to Us in connection with the Application.

1.7. You agree not to create a false identity or account for any purpose.

2. Enforcement

2.1. We may, in Our sole discretion, remove any Content for any reason including that it violates the Terms of Use or applicable law. We may, in Our sole discretion, suspend or terminate your Yellfy account and prevent your access to the Application, immediately and without notice for any reason including that you have violated the Terms of Use or applicable law.

2.2. If you believe that Content on the Application constitutes copyright infringement or that your intellectual property rights have been otherwise harmed, immediately notify Us at Admin@Yingit.com . Such notice must comply with the requirements of Title II of the Digital Millennium Copyright Act of 1998, available at the U.S. Copyright Office website.

3. Disclaimer of Liability

3.1. You understand and acknowledge that We will have no liability for Content posted by users of Our services. Such Content is solely the responsibility of the user creating or posting such Content.

3.2. You understand and acknowledge that We will have no liability for the removal, loss, or modification of any Content on Our systems, or for the termination of your account or access to the Application.

3.3. You understand and acknowledge that the Application may include links to third party sites, and that We have no control over or liability for the content of such sites. We make no representation or warranty as to the accuracy, reliability, authenticity, or safety of such sites.

3.4. You understand and acknowledge that the ticket marketplace feature of the Application is provided only as a communication platform for the convenience of Our users. Any transaction, meeting, or other interaction with users outside of the Application is conducted at your own risk. You agree that We will not be responsible for any damage or loss incurred as a result of any such interactions. We make no representation or warranty as to the safety of such interactions or the authenticity or accuracy of any related payments, delivery, or goods.

4. Changes to these Terms

We reserve the right to update these Terms of Use at any time in our sole discretion, with or without advance notice. We will post any changes to the Terms of Use in two business days so users are always aware of any change. We encourage you to periodically review these Terms of Use to stay informed of any changes. Your continued use of the Application constitutes your agreement to these Terms of Use and any updates.

5. Additional Terms For Our iOS App

5.1. You acknowledge and agree that these Terms are binding between you and Yingit inc only, and Apple is not a party hereto, and as between Yingit inc and Apple, it is Yingit inc that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

5.2. You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to product warranty or liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; or claims that the app infringes a third party’s intellectual property rights.

5.3. In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Yingit inc. , any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Yingit Inc’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Yingit Inc’s liability in this regard.

5.4. Apple, and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

6. Communications and Information Practices

6.1. As a result of your registration for the Service, you may receive certain commercial communications from Yingit Inc. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt-out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to Admin@Yingit.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

7. Game Rules

7.1. THE CHALLENGE IS PURELY FOR BRAGINING RIGHT ON WHO HAS MORE YELLFY COINS AND IS RANKED THE BEST. THE CHALLENGES ARE NOT THERE TO PAY THE USERS MONEY. THE CHALLENGES MAY NOT BE USED TO CONDUCT, ADVERTISE OR PROMOTE ANY FORM OF GAMBLING. THIS CHALLENGE IS OPEN TO PERSONS WHO ARE: (A) REGISTERED USERS; (B) AT LEAST EIGHTEEN (18) YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN COUNTRY OF RESIDENCE, AT THE DATE OF REGISTRATION INTO THE CHALLENGE. VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPL

7.2. Game of Skills: The games that Yingit inc provides a game of skill. Winners are determined by the criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information.

7.3. Entry Fee: There is no monetary entry fee.  You are given Yellfy virtual coins, in which you use to play the games.  You are given more Yellfy coins as you are utilizing the app.

7.4. Yellfy Sports Pick ’em Challenge Pick ’em Game winner Challenges (the “Challenge“), where you compete against other participants to see who can correctly predict the outcomes of selected games. Submit your predictions each week for any game you want to play.

7.5. No Cost: The Challenges are FREE to play. No purchase or entry fee necessary to enter or win. You are given Yellfy “ Funny Money” Virtual Coins, as you sign up.  You are also given more coins as you use the Yellfy sports app.

7.6. If you are a wireless service subscriber and have a smartphone, tablet or wireless device that allows you to access this Challenge, you may enter this Challenge via any of those devices during the Challenge Period. You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier.

7.7. IMPORTANT NOTICE: THIS CHALLENGE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED.

7.8. The Administrator: Yingit Inc will serve as the administrator (the “Administrator”) of the Challenge and will be responsible for resolving any disputes that arise regarding violations of these official rules (“Official Rules”).

7.9. Eligibility: The Challenge is open to persons who are: (a) Registered Users (as defined below); and (b) at least eighteen (18) years old or age of majority, whichever is older in state of residence, at the date of registration in the Challenge. You have to Void where prohibited by law.

7.10. For purposes of these Official Rules, “Registered User” means a person who has successfully completed the registration form and has obtained a user identification (“ID“) and associated password (“Password“) on Yellfy Sports App.

7.11. If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the CBSSports.com registration form. There is no fee or charge to become a Registered User.

7.12. Making Picks: The Challenge will run concurrently with the designated leagues season. The Administrator will list all the scheduled games on the Yellfy sports app for each Entry Period. You must pick the team you predict will win each game, along with a predicted final winning score, Who will score first and who will score last. This predicted final winning score will be used to see if you have won or not. if applicable. You do not need to participate in all Weekly Entry Periods. However, for each Weekly Entry Period in which you decide to participate, you must make picks for every game listed as “available” at the time you enter to submit your Weekly Entry in the Challenge. For the purpose of clarity, if you enter the Challenge on a Friday, you must select a possible winning team from all games remaining to be played during the applicable Weekly Entry Period, starting on the Friday you entered.  Each day

7.13. Limit one Weekly Entry per person per Weekly Entry Period. Limit of 17 Weekly Entries per person for the duration of the Challenge Period.

7.14. Scoring Participants will receive one (1) point for each correct selection. The total number of correct selections in a given Weekly Entry Period will be the participant’s score for such Weekly Entry Period. The total number of correct selections for the duration of the Challenge will be the participant’s total overall score.

7.15. Deadlines You may sign up to play in the Challenge at any point during the Challenge Period, up to FOUR HOURS prior to the first play of the last game of the last Weekly Entry Period. The deadline for each participant to submit their Weekly Entry for the applicable Weekly Entry Period is four hours before the start of the last scheduled game for such Weekly Entry Period. It’s a good idea to check the GAMES SCHEDULE, so you’ll know when games begin each week to meet your pick submission deadlines.

8. Limitation on Liability

8.1. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YINGIT INC NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF YINGIT INC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YINGIT INC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID (IF ANY), IF ANY, BY YOU TO YINGIT INC FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE.

9. User Content

9.1. You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Yingit Inc, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Yingit Inc be liable in any way for any User Content.

9.2. You acknowledge that Yingit Inc may or may not pre-screen User Content, but that Yingit Inc and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Yingit Inc and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Yingit Inc’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

9.3. With respect to User Content you submit or otherwise make available on or to the Service, you grant Yingit Inc an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

9.4. You are solely responsible for your interactions with other users of the Service. Yingit Inc reserves the right, but has no obligation, to monitor disputes between you and other users.

10. Indemnity

10.1. You agree to release and to indemnify, defend and hold harmless Yingit Inc and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Yingit Inc reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Yingit Inc in the defense of such matter.

11. Warranty Disclaimers

11.1. You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Yingit Inc has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Yingit Inc from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Yingit Inc makes no representations concerning any Content contained in or accessed through the Service, and Yingit Inc will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

12. Our proprietary rights

12.1. All title, ownership and intellectual property rights in and to the Service are owned by Yingit Inc or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Yingit Inc, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.

13. Conduct

13.1. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Yingit Inc. By way of example, and not as a limitation, you agree not to:

13.2. abuse, harass, impersonate, intimidate or threaten other Yingit inc. users;

13.3. post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

13.4. use the Service for any unauthorized purpose or in violation of any applicable law, including intellectual property laws;

13.5. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Yingit Inc user;

13.6. create or submit unwanted email (“Spam”) to any other Yingit Inc users;

13.7. infringe upon the intellectual property rights of Yingit Inc, its users, or any third party;

13.8. submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

13.9. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

13.10. use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;

13.11. use artificial means, including creating multiple user accounts, to inflate your position and standing with the Yingit Inc leader boards and community;

13.12. use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;

13.13. advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;

13.14. sell or otherwise transfer your profile;

13.15. attempt to influence the play in any sporting event from which athletes are available for selection in Yingit Inc contests on Yingit Inc in which you are involved or in which you have a direct or indirect interest.

13.16. enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).

13.17. Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Yingit Inc may remove any User Content (as defined below) and terminate any Yingit Inc account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us.