Terms Of Use

(Including Privacy Policy for Children’s Online Privacy Protection and “Your Privacy Rights” for USA Residents)*

Effective and last revised on May 19, 2024.

Welcome to the YBY PUBLISHER Marketing websites, owned and operated by YBY MARKETING EDITORA E PROMOTORA LTDA, a Brazilian company, and its affiliates (collectively referred to as the “Websites”).

The Websites may include the following: (a) a platform for purchasing and using digital content, allowing end-users to buy subscriptions and stream pre-recorded audio and video content over the Internet for personal use; (b) an e-commerce site enabling users to buy products; and (c) various websites featuring online content (including content from YBY, users, and third parties), resources, tools, products, services, communications, and social networking features. Collectively, these are referred to as the “Services.”

**PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES. BY ACCESSING AND/OR USING THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY.**

**Parties**: These Terms of Use and Privacy Policy, along with any additional guidelines, rules, or policies that YBY PUBLISHER may implement and post on the Websites periodically, are incorporated by reference. Collectively, these constitute the “Agreement” which sets forth the terms and conditions of a legally binding contract between each visitor and/or user of the Websites (including any business, entity, or organization represented by the user) (referred to as “you” or “your”) and YBY PUBLISHER, Inc. (“YBY PUBLISHER,” “we,” “our,” and “us”).

**Acceptance of Terms and Agreement to Be Bound**: The Services are provided on the condition that you accept and agree to adhere to this Agreement in full, without modification. By accessing and/or using any of our Websites, you agree to be bound by this Agreement, whether you are a “Visitor” (simply browsing one or more of our Websites) or a “Registered User” (registered to use the Websites and subscribed to one or more of the Services). If you do not agree to the terms of this Agreement, you are not permitted to use the Websites or subscribe to the Services, and you must immediately exit all of the Websites and discontinue any use of the Websites and the Services.

**Modifications**: We reserve the right to modify this Agreement at any time, and, to the fullest extent permitted by law, such modifications will take effect upon being posted on any of our Websites. By continuing to access and/or use any of our Websites after such modifications are posted, you agree to be bound by the changes. It is your responsibility to check the Websites regularly for updates and review any modifications. If you disagree with any future changes to this Agreement, your sole remedy is to cancel your account and stop using the Websites and Services. Unless explicitly stated otherwise, any new features, tools, products, or services that enhance or augment the current Websites and/or Services will be governed by this Agreement.

**General Registration Requirements**: Visitors can view limited portions of the Websites before deciding to register. Full access to the Websites and Services is available only to Registered Users, and if required, to those who have paid for a subscription. To become a Registered User, you must register on our Websites, complete the registration procedures on the registration page(s), and pay any applicable subscription fee. Some parts of the Websites and Services are available to all Registered Users, while others are only accessible to those who have paid the required fees, all of which are listed on the Websites.

**Age Requirements for Access and Use of the Websites**: By accessing and using the Websites, you confirm that you are over 18 years old, of legal age to form a binding contract, and not barred from purchasing or receiving products and services under US law or other applicable jurisdictions. Registration, subscription, access, and use of the Websites and Services are not available to users under 18 and are void where prohibited by law.

**Requirements for Becoming a Registered User**: By completing the registration on the Websites, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”) and to maintain and promptly update your Registration Data. If you provide any false, inaccurate, outdated, or incomplete information, or if we have reasonable grounds to suspect such, we may suspend or terminate your account and refuse any current or future access to and/or use of the Websites and Services.

**Children**: Due to the nature of the Internet, we cannot prevent minors from visiting our Websites. However, our Websites are not aimed at children under 13, and we do not knowingly collect information from children under 13. If you believe a child has provided us with information, please contact us at contact@ybyeditora.online, and we will do our best to remove the child’s information from our system. For more details, see our Children’s Online Privacy Protection Policy in the Privacy Policy section below.

**Member Account, Password, and Security**: As a Registered User, you are required to choose a password and provide your email address, and you may be asked for additional account information. You are responsible for maintaining the confidentiality and security of your password and account information, and you are fully responsible for all activities that occur under your password or account. You agree to (a) notify us immediately at contact@ybyeditora.online of any unauthorized use of your password or account or any other security breach, and (b) ensure you log out from your account at the end of each session. YBY PUBLISHER is not liable for any loss or damage from your failure to comply with this section.

**Preservation and Disclosure of Account Information and User Content**: You acknowledge and agree that YBY PUBLISHER may access, preserve, and disclose your account information and User Content if required by law or in good faith belief that such actions are reasonably necessary to: (a) comply with legal processes; (b) enforce this Agreement; (c) respond to claims that any Site Content violates third-party rights; (d) respond to your customer service requests; or (e) protect the rights, property, or personal safety of YBY PUBLISHER, other users, and the public. Except as provided in our Privacy Policy, YBY PUBLISHER will not intentionally disclose your account information to any third party.

**Security Components**: You acknowledge and agree that the Websites and the Services, along with the embedded software, may include security components to protect digital materials and regulate their use. You are not permitted to attempt to override or bypass any security components or usage rules embedded in the Websites and the Services.

**Subscription Fees and Payment**: Access to and use of the Services requires a subscription fee (“Fee”) payable in U.S. dollars or other applicable currencies. You must provide your credit card information upon registration. Your credit card will be charged at the time of subscription or the end of any free trial and regularly thereafter according to your subscription terms. You authorize YBY PUBLISHER to charge your credit card for the subscription fee, which is non-refundable except as provided in Section 26 (“Term and Termination”). YBY PUBLISHER reserves the right to change the Fee or payment schedule at any time, including increasing prices and charging for upgrades. Prices in non-U.S. currencies may be adjusted due to exchange rate fluctuations. We will attempt to notify you of any fee changes, except for exchange rate adjustments.
Free trial eligibility is determined solely by YBY PUBLISHER, which may limit eligibility or duration to prevent abuse. We may revoke the free trial and put your account on hold if we determine you are not eligible. Information such as device ID, payment method, or email address used for an existing or recent YBY PUBLISHER membership may be used to determine eligibility. Restrictions may apply for combinations with other offers.

If YBY PUBLISHER cannot process an automatic payment via your credit card, we will notify you via email and disable your account until payment is received. You are responsible for updating your credit card information if it changes or expires. YBY PUBLISHER may suspend, terminate, or interrupt your access to the Services if you fail to update your information.

All Fees exclude excise, sales, use, transfer, and other taxes and duties imposed by any governmental authority, except for taxes based on YBY PUBLISHER’s net income. You must provide any necessary exemption certificates to avoid sales, use, or similar tax liabilities.

You agree to pay your account balance on time and are responsible for any costs and expenses, including attorney and collection fees, incurred by YBY PUBLISHER in collecting any remaining balances. This paragraph does not limit any other remedies available to YBY PUBLISHER. Notify us of any billing issues within sixty (60) days of appearing on your credit card statement by emailing contact@ybyeditora.online. Failure to notify us within this period waives your right to dispute such issues.

We will send account-related information (e.g., payment authorizations, invoices, password changes, payment method changes, confirmations, notices) electronically via email to the address provided during registration. You agree that electronic notices, agreements, disclosures, or communications satisfy legal communication requirements, including those in writing.

12a. **Content**: The content available on the Websites and Services generally includes: (a) content owned by YBY PUBLISHER, including trademarks, trade dress, and the overall “look and feel” of the Websites, and content created or acquired by YBY PUBLISHER (“YBY PUBLISHER Content”); (b) content owned by third parties and licensed to YBY PUBLISHER for specific uses on the Websites and Services (“Third-Party Content”); and (c) content posted or uploaded to
12b. **Geographic Limitations**: Due to certain licensing restrictions, some content may not be available in your geographic location and therefore cannot be viewed. If this affects your experience upon purchasing a YBY PUBLISHER subscription, please contact our customer service department at contact@ybyeditora.online, and we will work with you to resolve the issue.
1. **Ownership of Content**: YBY PUBLISHER does not claim ownership rights in any User Content that you post on the Websites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), you retain all intellectual property rights in your User Content.
1. **License to Your Content**: To offer you the use of our Websites and Services, you must grant YBY PUBLISHER a license to use and distribute your User Content. By posting any User Content on or through our Websites or Services, you grant YBY PUBLISHER a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Websites and/or Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution, or consent. This license does not include the right to use your User Content to create commercial products such as books. However, this does include use on the Websites and Services and in related advertising, publicity, promotional, and marketing materials. If you wish to remove any User Content from the Websites and/or Services, contact us at contact@ybyeditora.online. YBY PUBLISHER will decide in its sole discretion whether to remove such content and makes no guarantees regarding the complete deletion of any User Content and its copies. You represent and warrant that you own all rights to your User Content or have the right to grant this license, and that posting your User Content does not violate any third-party rights.
1. **Prohibited Conduct**: The Websites and Services may include features that permit you to post User Content, including comments and communications with other users. You agree not to use the Websites and/or Services to post or transmit User Content that:
– Is patently offensive or promotes racism, bigotry, hatred, or physical harm against any group or individual;
– Harasses or advocates harassment of another person;
– Exploits people in a sexual or violent manner;
– Contains nudity, violence, or offensive subject matter;
– Solicits personal information from anyone under the age of eighteen (18);
– Provides any telephone numbers, street addresses, last names, or email addresses of anyone other than your own;
– Promotes information you know is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
– Violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
– Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
– Contains restricted or password-only access pages or hidden pages or images;
– Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– Solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
– Involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
– Includes a photograph of another person that you have posted without that person’s consent, or in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
– Contains a virus or other harmful component.

16. **Responsibility for User Content**: You, not YBY PUBLISHER, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available via the Websites and/or the Services. YBY PUBLISHER does not control the User Content posted and cannot guarantee its accuracy, integrity, or quality. By using the Websites and Services, you acknowledge that you may be exposed to User Content that you find offensive, indecent, or objectionable. Under no circumstances will YBY PUBLISHER be liable for any User Content, including errors or omissions, or any loss or damage incurred from using User Content.
1. **Rejection and/or Removal of User Content**: YBY PUBLISHER may, but is not obligated to, pre-screen User Content posted on the Websites. YBY PUBLISHER reserves the right to pre-screen, edit, refuse, or remove any User Content in its sole discretion for any reason, including if the content is deemed inappropriate. This includes the right to restrict, suspend, or terminate your access to the Websites and Services without notice or liability. Misuse of the Websites and/or the Services should be reported to contact@ybyeditora.online.
1. **Limited License**: YBY PUBLISHER grants Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of YBY PUBLISHER Content and Third-Party Content on the Websites or Service for personal, non-commercial use during the term of your registration. This use is subject to the terms of this Agreement and may be terminated by YBY PUBLISHER. You may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Site Content for any purpose, except for User Content you posted.
1. **Examples of Limitations on Use**: Non-commercial reuse of any Site Content that qualifies as “Fair Use” under U.S. copyright and trademark law is permitted. Commercial storage, use, reproduction, or transmission of any Site Content is prohibited unless approved in writing by YBY PUBLISHER. Unauthorized framing or linking to the Websites is prohibited. Commercial advertisements, affiliate links, and other solicitations may be removed without notice and can result in termination of access to the Websites and Services.
1. **Health and Medical Concerns**: Some Site Content includes information related to exercise and fitness. It is strongly recommended to consult with a physician before participating in any exercise program or using fitness products or services described on the Websites and/or the Services. YBY PUBLISHER and its staff are not licensed medical care providers and do not provide medical advice or treatment. The Websites and Services should not be used as a substitute for professional medical advice. Participation in any exercise program or use of fitness products carries the risk of physical injury or death, and you assume responsibility for such risks. Consult your doctor before beginning any exercise or dietary program, especially if you have any medical conditions. If you experience discomfort or pain during exercise, cease the activity and seek medical assistance immediately.
  
  ### Terms and Conditions Summary
**21. Reservation of Rights**:
– YBY PUBLISHER and its third-party licensors retain all rights, title, and interest in their respective content, protected by various intellectual property laws.
– Registered Users are granted a limited license as described earlier.

**22. Other Sites**:
– The Websites may include links to third-party sites and advertising.
– YBY PUBLISHER does not endorse or assume responsibility for these third-party sites or their content.
– Users should review terms and privacy policies of third-party sites they visit.

**23. International Use**:
– Users must comply with all applicable laws when accessing and using the Websites and Services.
– This includes laws regarding the export of technical data from the U.S. or other countries.

**24. Take-Down Notices Under the DMCA**:
– YBY PUBLISHER follows the DMCA process for handling copyright infringement claims.
– Notices must comply with the DMCA and be sent to the Designated Agent at the provided address and email.

**25. Registered User Disputes**:
– Users are responsible for their interactions with other Registered Users.
– YBY PUBLISHER may, but is not obligated to, monitor disputes between users.

**26. Term and Termination**:
– This Agreement remains effective as long as it is posted or until terminated by either party.
– Users can cancel their accounts by emailing YBY PUBLISHER, but fees for unused subscription periods are non-refundable.
– YBY PUBLISHER can terminate user accounts at any time, with or without cause.
– Certain sections of the Agreement will survive termination.

**27. Disclaimer of Warranties**:
– The Websites and Services are provided “as is” without warranties.
– Users assume all risks associated with their use, including health risks from exercise programs or products.

**28. Waiver of Claims**:
– Users waive claims against YBY PUBLISHER for use of User Content and participation in site activities.

**29. Limitation of Liability**:
– YBY PUBLISHER is not liable for indirect, consequential, or punitive damages.
– The maximum liability to users is limited to the amount paid for the Services.

**30. Severability**:
– If any part of this Agreement is found invalid, the rest remains in effect.
– Courts should strive to honor the parties’ intentions as reflected in the invalid provision.

**31. Indemnity**:
– Users agree to indemnify YBY PUBLISHER from third-party claims arising from their breach of the Agreement or infringement of rights.

**32. Additional Terms**:
– Additional terms may apply to certain promotions, activities, or content and will be posted on relevant website sections.

**33. Modification and Discontinuation**:
– YBY PUBLISHER can modify or discontinue the Websites or Services at any time without liability.

**34. Entire Agreement**:
– This Agreement, along with any referenced documents (like the Privacy Policy), constitutes the entire agreement between users and YBY PUBLISHER.

**35. Choice of Law and Forum**:
– The Agreement is governed by Colorado law.
– Disputes must be resolved in courts located in Denver, Colorado.

**36. No Waiver**:
– YBY PUBLISHER’s failure to enforce any right or remedy does not waive that right or remedy.

**37. Statute of Limitations**:
– Claims related to the use of the Websites or Services must be filed within one year.

**38. Relationship of the Parties**:
– The Agreement does not create any partnership, joint venture, or other relationship between the parties.

**39. Binding on Successors**:
– The Agreement binds and benefits the parties’ heirs, executors, administrators, successors, and assigns.
– YBY PUBLISHER can assign the Agreement without compensation to users.

**40. Notices and Questions**:
1. Notices and Questions.If you have any questions regarding this Agreement, please contact us by email at contact@ybyeditora.online, Except as otherwise specified elsewhere in this Agreement, notices to YBY PUBLISHER may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from YBY PUBLISHER. To find more information about our service and its features, or if you need assistance with your account, please visit the YBY PUBLISHER Help Center on our website: YBYEDITORA.ONLINE; In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.