Terms of Service

Terms of Service

Yes Collabs LLC, a Georgia limited liability company (“Company”, “we”, “us”, or “our”), owns and operates www.yescollabs.com and all affiliated websites and mobile versions (“YesCollabs”), a social media website and application service that allows creators to upload photos and videos to their profile (each, a “Creator”), set prices for access to that content, and pay to access that content (each purchaser, a “Fan”). The terms “you”, “your”, or “User” refer to all end users, whether Creators or Fans.
Please read these Terms of Service (“Terms”), which is a legal contract governing your use of YesCollabs, including any content, functionality, and services offered on or through YesCollabs. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. You acknowledge and understand that, by agreeing to these Terms, you are agreeing to resolve most disputes through individual arbitration instead of court trials and class actions. These Terms contain a jury trial waiver and a waiver of any and all rights to proceed in class, collective, private attorney general, representative, or consolidated action in arbitration or litigation to the fullest extent permitted by applicable law. By registering with and using YesCollabs, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use YesCollabs.
We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current version. By continuing to use YesCollabs after the Company posts changes to these Terms, you agree to the revised Terms. If you do not agree to the revised Terms, your exclusive remedy is to stop accessing YesCollabs.

General Provisions
1. No Minors: YesCollabs contains adult oriented content and is not intended for minors. In order to access YesCollabs, you must be: (i) at least eighteen (18) years old; and (ii) have reached the age of majority where you reside. If you do not meet these age requirements, you must not access YesCollabs and must leave now. The Company forbids all persons who do not meet these age requirements from accessing YesCollabs.
2. Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available and may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: Net Nanny® | CyberPatrol | ASACP.
3. No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (“CSAM”). The Company only allows visual media of consenting adults for consenting adults on YesCollabs. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within YesCollabs, please promptly report this to the Company at support@yescollabs.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
4. No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on YesCollabs or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding or paying out any funds in your account at the time of the offense or deletion.
5. User Content: We do not own the media uploaded by Users on YesCollabs (“User Content”), and the views expressed by Users on YesCollabs do not represent the views of YesCollabs. All User Content transactions and interactions on YesCollabs are between Users, and at no point does YesCollabs become a party to any transaction or interaction between Users. For the avoidance of doubt, you agree that any disputes between Users in connection with User Content are solely between Users. YesCollabs makes no representations or warranties to you with respect to User Content. You may access User Content for your personal use solely as intended through the provided functionality of YesCollabs and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.
6. Rights Reserved by the Company: We reserve the right at any time and without notice to:
  - modify, suspend, or terminate YesCollabs or any portion thereof;
  - restrict, limit, suspend, or terminate your access YesCollabs or any portion thereof;
  - verify the information which you provide to us;
  - verify compliance with these Terms or any applicable law;
  - temporarily suspend or permanently terminate your account for failure to comply with these Terms or any applicable law;
  - delete any content you post on YesCollabs if in our reasonable opinion it does not comply with these Terms or applicable law;
  - monitor your use of YesCollabs (including any content or message you post or broadcast on YesCollabs);
  - investigate any suspected or alleged misuse or unlawful use of YesCollabs and cooperate with law enforcement in such investigation;
  - disclose information about your use of YesCollabs in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful subpoena or court order; and
  - change the payment or payout processor that enables you to make or receive payments as a User.
  - License to Access and Use YesCollabs: Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, limited license to use YesCollabs for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of YesCollabs other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that YesCollabs is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not YesCollabs is compatible with your device. From time to time, we may make updates to YesCollabs and will make such updates available through YesCollabs.
Accounts
1. Fans: To register and create an account on YesCollabs as a Fan, you must provide a valid email address, a username, and a password, or authenticate using a valid social media account. If you desire to purchase content on YesCollabs, you will need to use a valid payment method. YesCollabs does not store any payment information.
2. Creators: To register and create an account on YesCollabs as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. If you desire to sell User Content on YesCollabs, you will also need to add a verified bank account (checking or savings) or other approved payment method and submit additional legal information the exact information required will depend on your country. Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire. With exception to those Creators seeking payment via direct bank wire, which is stored by our third-party payout processors, YesCollabs does not store any bank account information.

If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any User Content or verification documents you provide to us.

1. User Certifications: By registering on YesCollabs, you represent and warrant that:
  - all account registration, profile information, and content you provide is your own information and the content is complete, truthful, and accurate;
  - you are fully responsible for any and all activities that occur on your account will log out of your account at the end of each session;
  - you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
  - you are responsible for keeping your login details confidential and secure, and you will immediately notify us at support@yescollabs.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
  - if you previously had an account with YesCollabs, your previous account was not suspended or terminated by YesCollabs for violation of these Terms;
  - you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via YesCollabs;
  - you register on YesCollabs for your own personal use and you will not sell, rent, or transfer your account to any third party; and
  - if you are using YesCollabs on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
2. Your Content: We may permit you to submit materials for publication on YesCollabs. All user-uploaded content will be reviewed before publication to ensure that the content is not illegal and does not otherwise violate the standards of our terms and conditions. This pre-screening process involves analyzing video content, images, titles, descriptions, and tags for potential policy violations, possibly utilizing keyword detection and content matching against a database of flagged content. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), which includes, but is not limited to, operating YesCollabs and fulfilling the Company’s obligations under these Terms. You hereby consent to: (i) being depicted in any User Content you post on YesCollabs; and (ii) allowing the Company to publicly distribute any User Content you post on YesCollabs. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of YesCollabs, subject to any limitations related to any purchases of or subscriptions to such User Content, and to use, reproduce, display, and perform your User Content, but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your User Content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential and may be displayed on YesCollabs in accordance with these Terms. You warrant that: (i) you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on YesCollabs; (ii) your User Content does not violate any rights of any third parties; and (iii) you will not misrepresent or fraudulently or deceptively market Your Content to other Users. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to YesCollabs.
3. Co-Authored Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
  - you tag each depicted Creator in the Content or otherwise identify the third party and provide YesCollabs with requested documentation confirming the age, identity, and consent to publication of the User Content on YesCollabs;
  - you have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;
  - you have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on YesCollabs;
  - you will provide this written documentation of consent to us promptly upon request by us for such documentation;
  - you will not use, attempt to access, or ask for the information or login credentials for any other User’s account; and
  - you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party, such as a manager or agency, and you release YesCollabs from any liability arising from such third party access or conduct. You understand and agree that if you provide your account credentials to a third party, you will remain solely responsible to YesCollabs and other Users for any activity that occurs by or through your account.

You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed.
You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein and not against us.

1. Deactivation: If you wish to deactivate your YesCollabs account, you may select this option in your account settings.
Purchases and Payments
1. Purchasing Subscriptions: Fans who have added a valid payment method to their account may subscribe to a Creator’s User Content by clicking the “Subscribe” button on the Creator’s profile. If you purchase a subscription, you hereby authorize the Company to automatically charge the payment method on file on the first day of each billing period for the relevant subscription in a recurring manner until you cancel your subscription.
2. Wallets: We may allow you to prepay an allotment of funds to be stored in your wallet and used for subscriptions, pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and traditional payment methods. If an attempted purchase costs more than the amount of funds remaining in your wallet, we may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.

Trials: Creators may offer trials to Fans that are not subscribed to their content. If you purchase a trial, you will receive access to that Creator’s content at a discounted rate for the duration of the trial period. At the end of the applicable trial period, you will be charged the full price of the subscription at the beginning of each subscription period, until you cancel your subscription. To avoid any further charges, you must cancel before the end of the trial period.

1. Cancelling Subscriptions: Fans who have purchased a subscription may cancel any subscription at any time by turning off the “Auto-Renew” indicator located under the relevant Creator profile. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will be able to continue to access the Creator’s content until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.
  1. You may block another User; however, you will immediately lose access to that User’s content if you do so, and you will not receive a refund or credit for any remaining days in your current subscription period.
  2. If you are blocked by another User to whom you have subscribed, you will immediately lose access to that User’s content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund or credit for the remaining days in your current subscription period.
2. Subscriptions Cancelled by the Company: If your payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
3. A la Carte Purchases and Tips: Fans who have added a valid payment method to their account may, in some instances, purchase Creator’s content a la carte or tip the Creator by clicking the “Purchase,” “Tip,” or some similar button on or near the Creator’s content. If you purchase content a la carte or tip a Creator, you hereby authorize the Company to automatically charge the payment method on file for the content. You understand and acknowledge that YesCollabs is solely a facilitator of payments, and any terms in connection with such payments for a la carte content are solely between you and the Creator.
4. Payment Processing: Users acknowledge and agree that YesCollabs relies on third-party payment processors to facilitate transactions. In the event that our payment processors experience technical issues or delays in processing payments, Users may experience delays in receiving funds. While we will make reasonable efforts to mitigate such issues and find alternative solutions, Users understand and agree that there may be instances beyond our control. Therefore, we disclaim any liability for delayed payments or issues arising from the performance or failure of our payment provider(s).
5. Refunds: Ordinarily, our standard policy is that purchases or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
6. Virtual Currency: We may allow Users to make purchases or receive payment on YesCollabs using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payout method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. We disclaim all risk of loss associated with virtual currency value fluctuations or technical issues, and you understand and acknowledge that you choose to use virtual currencies at your own risk. Additional administrative fees may accompany virtual currency transactions.
7. Taxes Related to Purchases: If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase or use of a paid service. These taxes may include duties, customs fees, value added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
8. Taxes for Australian Sales: A Goods and Services Tax (“GST”) applies to all sales made to Australian consumers. YesCollabs specifically agrees to be responsible for the collection, reporting, and remittance of the GST associated with such sales to the Australian Taxation Office. The current rate of the GST in Australia is ten percent (10%) and is calculated as 1/11th of the gross sale made.
9. Billing Errors: If you believe that the Company has charged you in error, you must notify the Company in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to support@yescollabs.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
10. Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
11. Selling Content: Creators earn eighty percent (80%) of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from such revenue any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to User Content that violates these Terms.
12. Referral Program: The Company may provide you with a unique referral URL that allows you to earn income from any new Creator who registers for a Creator account using the same browser that they used to click the referral link. Referral payments will be made in accordance with the terms published on YesCollabs. You will not use Google Ads, Facebook Ads, or any advertising service or platform to impersonate the Company with the intention to refer other Users.
13. Inactive Status: If you do not log into your YesCollabs account for one (1) year (twelve (12) consecutive months), your account will become “inactive.” If your account is inactive, we will deduct a fee equal to five United States dollars ($5 USD) each month from your account’s existing balance until your account balance is zero. To be clear, we will not charge your credit card for any fees, even if your account balance is zero. If you log into your account at any time, the monthly deductions will end, but you will not be entitled to any refunds. We will send you notice and updates by email.
Acceptable Use
1. Prohibited Uses: You agree that you will only use YesCollabs for purposes expressly permitted and contemplated by these Terms. You may not use YesCollabs for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
  - use YesCollabs in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights, or data protection.
  - download any User Content unless a “download” or similar button is displayed in relation to that User Content.
  - use an ad blocking software while using YesCollabs.
  - fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
  - access YesCollabs if you are, or are required to be, a registered sex offender in any jurisdiction.
  - post, upload, or share User Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, is otherwise objectionable, or any User Content that, in the Company’s sole discretion, is otherwise inappropriate.
  - post, upload, or share User Content that is considered harmful, threatening, abusive, or offensive by the reasonable person to an objective standard. “Reasonable” in this context and “person” as a legal term considers the views and morality as set by the majority of Creators or Users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and User Content of which some Users may find offensive or objectionable but is not illegal in the jurisdiction of the Creator. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the User Content, or is shared without their consent.
  - post, upload, or share any User Content containing hate speech, including (1) any User Content (including stereotypes and symbols) posted to YesCollabs with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Class(es)”), (2) statements of inferiority or calls for exclusion or segregation based on a Protected Class, and (3) any deliberately false material that causes harm to a Protected Class; but excluding self-referential or empowering uses with no intent to vilify, humiliate, or incite hatred or fear against a group or individual based on these categories.
  - post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake), asphyxiation, extreme fisting, or genital mutilation; (v) necrophilia; (vi) consumption of urine; (vii) blood, scatological, vomit, excrement-related content or prolapsing; (viii) age-play or suggestion of underage participants, (ix) illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (x) “revenge porn”, defined as any User Content containing any individual who has not consented to that User Content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on YesCollabs; (xi) illegal or illicit drugs; (xii) suicide or self-harm; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
  - post, upload, or share User Content that advertises or solicits the sale or purchase of used articles of clothing.
  - post, upload, or share User Content depicting any person under eighteen (18) years old.
  - post, upload, or share User Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Company.
  - post, upload, or share User Content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
  - post, upload, or share any User Content that utilizes or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactic;
  - post, upload, or share any employment ads or User Content which violates anti-discrimination laws.
  - sell or purchase used or soiled clothing items.
  - post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms, use the materials on YesCollabs for any commercial use.
  - use of graphic nudity in profile avatars and banners.
  - impersonate another individual or entity, whether actual or fictitious, without consent, or falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through YesCollabs; or perform any other similar fraudulent activity.
  - send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectification of another User.
  - use emojis, GIFs, or other media to communicate any activity that violates these Terms.
  - engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
  - engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account or your User Content.
  - circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company, any User’s enjoyment of YesCollabs, or any security-related features that prevents, limits, or restricts the use or copying of any materials or that enforces limitations on the use of YesCollabs, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
  - reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of YesCollabs, except and only if that activity is expressly permitted by applicable law despite this limitation.
  - access or use any automated process (such as a robot, spider, scraper, or similar) to access YesCollabs in violation of our robot exclusion headers or to scrap all or a substantial part of YesCollabs (other than in connection with bona fide search engine indexing or as the Company may otherwise expressly permit).
  - modify, adapt, translate, or create derivative works based on YesCollabs or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.
  - commercially exploit or make available YesCollabs to third parties, including any action or attempt to “frame” or “mirror” YesCollabs.
  - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
  - attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
2. Violations of Prohibited Uses

Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned by Users that violate these Terms and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of YesCollabs, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of YesCollabs or our computer systems violates these Terms and certain international, foreign, and domestic laws.

1. Additional Prohibited Uses for Creators

Creators must act in the best interests of the Company at all times, whether on YesCollabs, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from YesCollabs. If you are a Creator, you will not, without our express prior written authorization:

- - deceive Users regarding the nature of any paid User Content;
  - attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
  - attempt to fraudulently pass off recorded User Content as a live stream.
  - fail to honor any lawful representation made to Fans in furtherance of selling your User Content.
  - record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your User Content.
  - release the personal information of any other User of YesCollabs or third party without that person’s consent.
  - solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.
  - harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company.
- Reporting Violative Content and Activities

If you are aware of any content on YesCollabs or any User engaging in activities that violate these Terms, please email us at support@yescollabs.com with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.

1. Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

Third Party Websites
1. Twitter: YesCollabs allows Users to connect a Twitter account and to post auto-tweets. By using this feature, you must fully comply with and respect Twitter's terms of service, which can be read in full here: https://twitter.com/tos.
2. Links to YesCollabs: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
3. Links to Third-Party Websites: YesCollabs may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on YesCollabs, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Intellectual Property Rights
- Copyrights: Other than User Content, YesCollabs and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on YesCollabs, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes; and

Other than User Content, no right, title, or interest in or to YesCollabs or any content on YesCollabs is transferred to you, and all rights not expressly granted are reserved by us. Any use of YesCollabs not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of YesCollabs in breach of the Terms, your right to use or access YesCollabs will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.

- Trademarks: The YesCollabs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on YesCollabs are the trademarks of their respective owners.
Disclaimer of Warranties

By using YesCollabs, you acknowledge and agree as follows:

1. YesCollabs and all of the Company’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to YesCollabs and all of the Company’s services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
2. We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of YesCollabs, or the results of your use of YesCollabs. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to YesCollabs, or by anyone who may be informed of any of its contents.
3. Your use of YesCollabs and the Company’s services and features will be solely and entirely at your own risk. We do not warrant or guarantee that YesCollabs and/or all of the Company’s services and features will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of YesCollabs or any services or items obtained from the Company. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liabilities

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

1. Errors, mistakes, or inaccuracies of content.
2. Personal injury or property damage resulting from your access to and use of YesCollabs.
3. User Content or any conduct by Users that violates these Terms.
4. Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
5. Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
6. Interruption or cessation of transmission to or from YesCollabs.
7. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through YesCollabs by any person or that might infect your computer or affect your access to or use of YesCollabs or your hardware or software.
8. Incompatibility between YesCollabs and your other services, hardware, or software.
9. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with YesCollabs.
10. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through YesCollabs.
Releases

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.

Exclusion of Damages
1. Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access YesCollabs or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
2. The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access YesCollabs or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
3. If you are dissatisfied with YesCollabs or have any other complaint, your exclusive remedy is to stop using YesCollabs or file a complaint according to the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred dollars United States dollars ($100 USD) or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails in its essential purpose.
Complaints

YesCollabs is committed to promptly resolving, in good faith, all complaints and appeals.

1. All media can be reported by any user directly on the site. You may also send an email to support@yescollabs.com containing your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), and any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on YesCollabs.)
2. We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal is removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user.
3. Appeals from abuse takedowns can be sent to support@yescollabs.com with a written description of the basis for the appeal. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.
4. We reserve the right to take advanced actions against those users that (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. These advanced actions may include but are not limited to deleting the offending user’s account and permanently banning the user from using YesCollabs in the future.
5. Copyright infringement disputes are addressed by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counternotifications are governed by the Digital Millennium Copyright Act and our DMCA Policy.
Scope of Disclaimers, Exclusions, and Limitations

The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

Indemnification
1. Indemnification Provision: You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: your access of YesCollabs; your conduct on YesCollabs, including any content you submit to YesCollabs; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.
2. Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
3. Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
4. Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
5. No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.
Disputes; Agreement to Arbitrate (“Arbitration Agreement”) Last Updated: November 30, 2024
1. Mandatory Individual Arbitration: A “Dispute” shall mean any dispute, claim, or controversy between you and the Company, including but not limited to disputes, claims, or controversies related to or arising from YesCollabs or these Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms. Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth in Section 14(b) below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and the Company each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by the Company against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
To the fullest extent permissible by applicable law, all Disputes against the Company, including but not limited to Disputes arising out of or relating in any way to YesCollabs or the Terms, must be filed within one year after such Disputes or cause of action arose or it will be forever barred.
If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles. If you or the Company files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within ten (10) calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.

1. Class Action/Jury Trial Waiver: You and the Company agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures). This means that you and the Company may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and the Company may not participate in any class, collective, private attorney general, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures) brought by any third party.

Unless both you and the Company agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures). Notwithstanding the foregoing, you or the Company may participate in a class-wide settlement.

1. Opt-Out Procedures: To opt out of this Arbitration Agreement, you must send us a written notice (“Opt-Out Notice”) by email at support@yescollabs.com (the “Notice Address”) within 30 days from the earlier of the date that you: (1) first make a payment; (2) first accessed YesCollabs; or (3) first provided information to YesCollabs after the posting of these Terms. The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of the Company’s arbitration agreements and class action provisions.

If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous arbitration agreements you entered into with the Company. If you timely provide the Company with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with the Company, all Disputes between you and the Company shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York, New York, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
If the Company make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), the Company will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to the Company at support@yescollabs.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from the Company. This is not an opt out of arbitration altogether. Your continued use of YesCollabs after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

1. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and the Company each agree to send the other party a written notice of the Dispute (“Notice of Dispute”). A Notice of Dispute from you to the Company must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of YesCollabs, including whether claimant receives any emails associated with YesCollabs, whether claimant has made a purchase from the Company, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. the Company will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

1. Governing Rules: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and the Company each agree to send the other party a written notice of the Dispute (“Notice of Dispute”). A Notice of Dispute from you to the Company must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of YesCollabs, including whether claimant receives any emails associated with YesCollabs, whether claimant has made a purchase from the Company, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. the Company will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.
All Disputes shall be submitted to National Arbitration and Mediation (“NAM”) for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM rules and procedures (“NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.
If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and the Company agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration (“Mass Filing”), NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the staged process described below (the “Mass Filing Procedures”). The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these Mass Filing Procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your Dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration, so long as your pre-arbitration Notice complies with the requirements in that subsection. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
You and the Company agree that application of the following Mass Filing Procedures have been reasonably designed to result in an efficient and fair adjudication of such cases, and agree to act in good faith to ensure that they are followed:
Stage One: Counsel for the claimants and counsel for the Company shall each select up to 25 Demands for Arbitration per side (up to 50 Demands for Arbitration total) to proceed in arbitration as part of Stage One. For the Demands for Arbitration selected for Stage One, NAM shall (i) provide for their resolution as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any) and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration, unless and until they are selected to be filed as part of a staged process. After the Demands for Arbitration selected for Stage One are resolved, the parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge.
Stage Two: If the Mass Filing is not resolved in Stage One, counsel for the claimants and counsel for the Company shall each select up to 50 additional Demands for Arbitration per side (up to 100 Demands for Arbitration total) to proceed in arbitration as part of Stage Two, subject to any procedural changes the parties agreed to in writing. For the Demands for Arbitration selected for Stage Two, NAM shall (i) provide for their resolution as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any), and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. The Demands for Arbitration selected for Stage Two shall be assigned to a different arbitrator than the arbitrator for Stage One, unless the parties agree otherwise in writing. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration unless and until they are selected to be filed and proceed as part of a staged process. After the Demands for Arbitration selected for Stage Two are resolved, the parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge.
If your Dispute is not resolved as part of the staged process identified above, either:
Option One: You and the Company may separately or by agreement, opt out of arbitration and elect to have your Dispute heard in court consistent with this Arbitration Agreement. You may opt out of arbitration at this stage by notifying the Company via email at support@yescollabs.com. Your opt-out email must include a statement, personally signed by you, that you wish to opt out of arbitration, and must be sent within 30 days after the conclusion of the mediation associated with Stage 2. the Company may opt your Dispute out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor the Company elect to have your Dispute heard in court consistent with Option One, then you agree that your Dispute will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining Demands for Arbitration exceeds 100, then 100 Demands for Arbitration shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitration as part of a staged process. If the number of remaining Demands for Arbitration is fewer than 100, then all of those Demands for Arbitration shall be filed, or deemed filed, and proceed in arbitration. NAM shall (i) provide for resolution of these demands as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any), and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. These demands shall be assigned to a different arbitrator than the arbitrators for Stage One and Stage Two, unless the parties agree otherwise in writing. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration unless and until they are selected to be filed and proceed as part of a staged process. After this set of demands is adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind. the Company reserve all rights and defenses as to each and any demand and claimant. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes in accordance with the Mass Filing Procedures set forth above and shall apply its mass filing fee structure.
Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.

Miscellaneous
1. Entire Agreement: These Terms constitute the entire agreement between you and the Company about your access to YesCollabs. It supersedes all earlier or contemporaneous agreements between you and the Company about access to YesCollabs. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on YesCollabs will govern the items to which they pertain.
2. Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.
3. No Waivers: The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
4. Severability: The parties intend as follows:
  - that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
  - that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, these Terms will be held unenforceable;
  - that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and
  - that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
5. Notice to the Company: You may send notice to the Company by email at support@yescollabs.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on YesCollabs. Please check YesCollabs for the most current information for sending notice to the Company.
6. Notice to You: You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you, (2) a notification on your account, or (3) by posting the notice on a place on YesCollabs chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
7. Force Majeure: The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, epidemics, pandemics, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; and hacking, spam, or any failure of a computer, server, network, or software.
8. No Third-Party Beneficiaries: These Terms do not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
9. Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
10. Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.
11. Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on YesCollabs and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.
12. Electronic Communications Not Private: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use YesCollabs to send or receive messages you only intend the sender and named recipients to read.
13. Electronic Signatures: Any affirmation, assent, or agreement you send through YesCollabs will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
14. California Consumer Rights Information: If you are a California resident, you may contact Yes Collabs LLC at 113 S Perrt St. Suite #206, Lawrenceville, GA 30046 or by email at support@yescollabs.com to resolve any disputes or to receive further information about YesCollabs. Users who want to gain access to the password-restricted area of YesCollabs must register. The Company does not charge consumers for registering, but the Company does charge for purchasing content or subscriptions.
15. English Language: The Company drafted these Terms in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
16. Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to YesCollabs to support@yescollabs.com.

Last Update: February 2025