Terms of Service

Overview

Effective September 19, 2025

MPDPL builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms of Service (the "Terms") govern your access and use of Yaarzoo, Messenger, and the other products, websites, features, apps, services, technologies, and software we offer (the MPDPL Products or Products), except where we expressly state that separate terms (and not these) apply. (For example, your use of Third-Party Services is subject to the Their Respective Terms of Use). These Products are provided to you by MPDPL (Max Play Digital Private Limited). These Terms therefore constitute an agreement between you and MPDPL (MAX PLAY DIGITAL PRIVATE LIMITED) Referred as MPDPL Platforms / YaarZoo, If you do not agree to these Terms, then do not access or use Yaarzoo or the other products and services covered by these Terms.

We don’t charge you to use Yaarzoo or the other products and services covered by these Terms, unless we state otherwise. Instead, businesses and organizations, and other persons pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think may be relevant to you and your interests. We use your personal data to help determine which personalized ads to show you.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more about how personalized advertising under these terms works on the MPDPL Products.

Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings pages of the relevant MPDPL Product at any time to review the privacy choices you have about how we use your data.

What Products do these Terms cover?

1. The services we provide

Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:

1.1 Provide a personalized experience for you:

Your experience on YaarZOO is unlike anyone else's: from the posts, stories, events, ads, and other content you see in YaarZOO Feed or our video platform to the YaarZOO Pages you follow and other features you might use, such as YaarZOO Marketplace, and Discovery, Directory, Jobs, Funding’s. For example, we use data about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.

1.2 Connect you with people and organizations you Love:

We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the MPDPL Products you use. We use data to make suggestions for you and others - for example, groups to join, events to attend, YaarZOO Pages to follow or send a message to, Movies to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.

1.3 Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself on YaarZOO to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the MPDPL Products (consistent with your settings), sending messages or making voice or video calls to a friend or several people, creating events or groups, or adding content to your profile as well as showing you insights on how others engage with your content.

1.4 Help you discover content, products, and services that may interest you:

We show you personalized ads, offers, Jobs, Funding Opportunities, Blogs, Forums and other sponsored or commercial content to help you discover content, products, and services that are offered by the many businesses and organizations that use YaarZOO and other MPDPL Products.

Section 2 below explains this in more detail.

1.5 Promote the safety, security, and integrity of our services, combat harmful conduct and keep our community of users safe:

People will only build community on MPDPL Products if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Products and services. We employ dedicated teams around the world, work with external service providers, partners and other relevant entities and develop advanced technical systems to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include - notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data across MPDPL Companies when we detect misuse or harmful conduct by someone using one of our Products or to help keep MPDPL Products, users and the community safe. For example, we share information with MPDPL Companies that provide financial products and services to help them promote safety, security and integrity and comply with applicable law. MPDPL may access, preserve, use and share any information it collects about you where it has a good faith belief it is required or permitted by law to do so. For more information, please review our Privacy Policy.

1.6 Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on YaarZOO.  We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

1.7 Research ways to make our services better:

We engage in research to develop, test, and improve our Products. This includes analyzing data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.

1.8 Provide consistent and seamless experiences across the MPDPL Company Products:

Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different MPDPL Company Products that you use.

1.9 Ensuring access to our services:

To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our data centers, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services. This infrastructure may be owned, operated, or controlled by MPDPL INDIA, or its affiliates.

2. How our services are funded

Instead of paying to use YaarZOO and the other products and services we offer, by using the MPDPL Products covered by these Terms, you agree that we can show you personalized ads and other commercial and sponsored content that businesses and organizations pay us to promote on and off MPDPL Company Products. We use your personal data, such as information about your activity and interests, to show you personalized ads and sponsored content that may be more relevant to you.

Protecting people's privacy is central to how we've designed our personalized ads system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who we think might be interested.

We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off MPDPL Products. For example, we provide general demographic and interest information to advertisers to help them better understand their audience, like the fact that women between the ages of 25 and 34 who live in Ahmedbad and like software engineering have seen an ad. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission during interaction with the Ad.

We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Privacy Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more.

 

3. Your commitments to YaarZOO and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

3.1 Who can use YaarZOO

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

Provide for your account the same name that you use in everyday life.

Provide accurate information about yourself.

Create only one account (your own) and use it for personal purposes.

Not share your password, give access to your YaarZOO account to others, or transfer your account to anyone else (without our permission).

We try to make YaarZOO broadly available to everyone, but you cannot use YaarZOO if:

You are under 13 years old.

You are a convicted sex offender.

We've previously disabled your account for violations of our Terms, the Community Standards, or other terms and policies that apply to your use of YaarZOO. If we disable your account for a violation of our Terms, the Community Standards, or other terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion, and does not mean or imply that the disciplinary action was wrong or without cause.

You are prohibited from receiving our products, services, or software under applicable laws.

3.2 What you can share and do on MPDPL Products

We want people to use MPDPL Products to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Products to do or share anything:

That violates these Terms, the Community Standards, or other terms and policies that apply to your use of our Products.

That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).

That you do not own or have the necessary rights to share.

That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.

You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systems, or Products.

You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access, regardless of whether such automated access or collection is undertaken while logged-in to a YaarZOO account.

You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.

Except as provided in the Platform Terms, you may not sell, license, or purchase any data obtained from us or our services, regardless of whether such data was obtained while logged-in to a YaarZOO account.

You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

You may not do, or attempt to do, anything to circumvent, bypass, or override any technological measures that MPDPL uses to control or limit access to our Products or data.

We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Section 4.2.

If we remove content that you have shared in violation of the Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination, see Section 4.2 below.

We work with independent fact-checkers in many jurisdictions to combat misinformation. When content has been rated by fact-checkers, we may add a notice to provide additional context.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction. We also can remove or restrict access to content, features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to MPDPL.

3.3 The permissions you give us

We need certain permissions from you to provide our services:

1. Your content: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on YaarZOO and other MPDPL Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services we need you to give us some legal permissions (known as a "license") to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.

2. Permission to use content you create and share: Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on YaarZOO, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as MPDPL Products or service providers that support those products and services. This license will end when your content is deleted from our systems.

3. Deleting Your Content: You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Learn more about how to delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos in Shared Albums which may continue to be visible to other album members.

It may take up to 90-120 days to delete content after we begin the account deletion process or receive a content deletion request. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90-120 days to remove it from backups and disaster recovery systems.

Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);

where deletion within 90-120 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or

where immediate deletion would restrict our ability to:

investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);

protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;

comply with legal obligations for the preservation of evidence, including data MPDPL Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or

comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

4. Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on YaarZOO next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a YaarZOO Page created by a brand that has paid us to display its ads on YaarZOO. Ads and content like this can be seen only by people who have your permission to see the actions you've taken on MPDPL Products. You can learn more about your ad settings and preferences.

5. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

3.4 Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on YaarZOO), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open-source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law or your conduct relates to the MPDPL Bug Bounty Program. We reserve all rights not expressly granted to you.

4. Additional provisions

4.1 Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to access or use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms, or wish to terminate your agreement to this contract, you can delete your account at any time and you must also stop accessing, or using YaarZOO and the other MPDPL Products.

4.2 Account suspension or termination

We want YaarZOO to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular the Community Standards, we may suspend or permanently disable your access to MPDPL Company Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account. Learn more about how we disable and delete accounts.

Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.

If you delete or we disable or delete your account, and you stop accessing, using, or visiting YaarZOO and the other MPDPL Products, or if this contract is otherwise terminated, then these Terms shall terminate as an agreement between you and us, except for the following provisions, which will remain in place: (3, 4.2-4.5).

4.3 Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and to the extent permissible by law, we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the MPDPL Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.

4.4 Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer, or where required by applicable law, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the MPDPL Products, and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, and for any claim, cause of action, or dispute that MPDPL files against you, you and MPDPL agree that any such claim, cause of action or dispute must be resolved exclusively in Courts Of Surat, Gujarat, INDIA. You also agree that you submit to the personal jurisdiction Of these courts for the purpose of litigating any such claim, and that the laws of INDIA will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, MPDPL may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.

4.5 Miscellaneous

Supplemental Terms: Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. If you use Avatars, then the Avatar Terms also apply. If you use our AI products and features, the MPDPL AI Terms also apply. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.

Severability: If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

No Transfer: You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

Legacy Contact: You may designate a person (called a legacy contact) to manage your account if it is memorialized. If you enable it in your settings, only your legacy contact or a person who you have identified in a valid will or similar legal document expressing clear consent to disclose your content to that person upon death or incapacity will be able to seek limited disclosure of information from your account after it is memorialized.

No Third-party Beneficiaries Terms: These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

User Name Change: We may change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

Feedback: We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

5. Other terms and policies that may apply to you

Community Standards: These guidelines outline our standards regarding the content you post to YaarZOO and your activity on YaarZOO and other MPDPL Products.

Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.

Community Payment Terms: These terms apply to payments made on or through MPDPL Products.

Commerce Policies: These guidelines outline the policies that apply when you offer products or services for sale on YaarZOO.

Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on any MPDPL Products.

Advertising Policies: These policies apply to partners who advertise across the MPDPL Products and specify what types of ad content are allowed by partners who advertise across the MPDPL Products.

Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.

YaarZOO Pages, Groups and Events Policy: These guidelines apply if you create or administer a YaarZOO Page, group, or event, or if you use YaarZOO to communicate or administer a promotion.

MPDPL Platform Policy: These terms apply to the use of the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enables others to develop functionality, retrieve data from MPDPLProducts, or provide data to us.

Developer Payment Terms: These terms apply to developers of applications that use YaarZOO Payments.

MPDPL Brand Resources: These guidelines outline the policies that apply to use of MPDPL trademarks, logos, and screenshots.

 

 

Live Policies:

1. Overview

Understanding our policies

The following terms, as well as our Data Policy, Community Standards and Terms of Service, apply to all users on MPDPL / Yaarzoo. You are responsible for ensuring that your content complies with all applicable laws, statutes and regulations.

2. General policies for MPDPL / Yaarzoo Live

Prohibited business practices

MPDPL / Yaarzoo Live must not be used to mislead users to think that specific footage is occurring in real time when it is not.

Example:

Misrepresenting footage of an event that occurred a year ago as currently happening

Inaccurate location

MPDPL / Yaarzoo Live must not be used to mislead users to think that specific footage is happening in a particular locale when it is not.

Example:

Misrepresenting footage from a different country as footage from the United States

Pre-recorded content

All pre-recorded content contained in a broadcast streamed to MPDPL / Yaarzoo Live must be clearly marked as pre-recorded. For broadcasts that contain a mixture of live footage and pre-recorded footage, only the pre-recorded footage must be marked as pre-recorded.

Example:

Adding a graphic to mark specific footage as pre-recorded

Including a disclaimer in the video description or title that specific content is pre-recorded

Looping or static content

MPDPL / Yaarzoo Live should not be used to broadcast looping videos, static images or poll-only videos.

Example:

Streaming a 20-minute clip that is continuously looped

A broadcast that is limited to a photo and has no other auditory or visual elements

A broadcast that only contains a poll

Avatar Terms: These terms apply to the use of our Avatars and our Avatar features, including purchases and acquisitions of Avatar clothing in the Avatar store.

Subject to these Yaarzoo Avatars Terms of Service (these "Avatars Terms"), MPDPL / Yaarzoo may offer you the opportunity on MPDPL / Yaarzoo's platforms to (1) access certain software tools ("Avatar Tools") that can be used by you to assemble or generate digital representations of your virtual self for self-expression (each, a "MPDPL / Yaarzoo Avatar") and digital clothing, accessories or assets for your MPDPL / Yaarzoo Avatar ("Generated Avatar Items" and together with MPDPL / Yaarzoo Avatars, "Generated Content") and (2) acquire the right to access and use certain digital clothing, accessories and other items distributed by MPDPL / Yaarzoo or its licensors ("Licensed Avatar Items") (Generated Avatar Items and Licensed Avatar Items are collectively referred to herein as "Avatar Items").

Our provision of services related to MPDPL / Yaarzoo Avatars, Avatar Items, Avatar Tools (each as defined herein) and any related experiences and services as further described herein are collectively referred to as the "Avatars Services". If you access or use the Avatars Services, these Avatars Terms will govern any such access or use. These Avatars Terms constitute an agreement between you and MPDPL / Yaarzoo ("MPDPL / Yaarzoo", "us", "we" or "our"), so please review these Avatars Terms carefully.

In addition to these Avatars Terms, the MPDPL / Yaarzoo Terms of Service, the Supplemental MPDPL / Yaarzoo Platforms Technologies Terms of Service (the "MPT Terms"), the MPDPL / Yaarzoo Terms of Use, the Community Payment Terms, the MPDPL / Yaarzoo Community Standards, the MPDPL / Yaarzoo Community Guidelines, MPDPL / Yaarzoo's Code of Conduct for Virtual Experiences, the MPDPL / Yaarzoo AIs Terms of Service, the MPDPL / Yaarzoo Horizon Digital Items Terms, the MPDPL / Yaarzoo Credits Terms and any other MPDPL / Yaarzoo terms, policies or guidelines that are applicable to you (collectively, and each as may be updated by MPDPL / Yaarzoo from time to time, the "Additional Terms") apply to your use of (including access to) MPDPL / Yaarzoo Avatars and other Avatars Services. You may also be able to access and use third-party software and services (collectively, "Third-party Services") in connection with your use of the Avatars Services. Your use of any Third-party Services is at your own risk, and you acknowledge that such use may be subject to additional terms, conditions, fees and policies imposed by the provider of the applicable Third-party Service (collectively, "Third-party Terms"). You are responsible for complying with any applicable Third-party Terms, and you agree to review any applicable Third-party Terms prior to using any Third-party Services.

The MPDPL / Yaarzoo Privacy Policy, Supplemental MPDPL / Yaarzoo Platforms Technologies Privacy Policy, AutoGen Help Page, Instant Avatars Help Page and GenAI Privacy Notice (each as may be updated by MPDPL / Yaarzoo from time to time) explain how we collect, use and share your personal information in connection with the Avatars Services (consistent with your privacy and application settings). MPDPL / Yaarzoo Avatars are public content as defined in the MPDPL / Yaarzoo Privacy Policy and Supplemental MPDPL / Yaarzoo Platforms Technologies Privacy Policy. Your MPDPL / Yaarzoo Avatar is public and may be viewed by, interacted with and shared by other users across MPDPL / Yaarzoo Company Products. If you are a parent or guardian of a child between the ages of 10 and 12 and you wish to grant your child access to the Avatars Services via a MPDPL / Yaarzoo account, please also review the Parent Privacy Disclosure.

BY USING THE AVATARS SERVICES, YOU AFFIRM EITHER (1) THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO THESE AVATARS TERMS; OR (2) IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE AVATARS TERMS. IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION, YOU MAY ONLY USE THE AVATARS SERVICES WITH THE PERMISSION AND UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES BOTH TO BE BOUND BY THESE AVATARS TERMS AND TO BIND YOU TO THESE AVATARS TERMS. Notwithstanding the foregoing, certain minimum age restrictions do apply to the Avatars Services depending on the specific MPDPL / Yaarzoo Company Product (as defined here) through which you are accessing the Avatars Services; such minimum age restrictions are as set forth in the applicable Additional Terms.

ARBITRATION NOTICE: YOU AGREE THAT, AS SET OUT IN THE "DISPUTE RESOLUTION" SECTION BELOW, ANY DISPUTES THAT YOU MAY HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE AVATARS TERMS, THE AVATARS SERVICES OR YOUR USE THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS (INCLUDING WHERE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE PROVIDE ADDITIONAL RIGHTS) AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

Updates. We may update these Avatars Terms from time to time by notifying you of the updated Avatars Terms, at least 30 days before we make changes, by any reasonable means. Any changes to these Avatars Terms will not apply to any dispute between you and us arising prior to the date on which we notified you of the updated Avatars Terms. Your use of the Avatars Services, including any MPDPL / Yaarzoo Avatar, following any changes to these Avatars Terms will constitute your acceptance of such changes. The "Last updated" legend above indicates when these Avatars Terms were last changed.

Accounts. You must have an active, personal MPDPL / Yaarzoo, MPDPL / Yaarzoo, MPDPL / Yaarzoo or other MPDPL / Yaarzoo-supported account in order to access and use the Avatars Services. The account that is first used to generate or assemble Generated Content or to acquire a Licensed Avatar Item is referred to as the "Controlling Account" for such Generated Content or Licensed Avatar Item, as applicable. In order to access or use such Generated Content or Licensed Avatar Item on any additional account, you must connect the additional account to the Controlling Account via the Account Centre (each additional account once connected, a "Connected Account"). If you delete a Controlling Account or such Controlling Account is otherwise suspended or disabled, your Avatar and other Generated Content associated with such Controlling Account may still be accessible via the Connected Account(s); however, any Licensed Avatar Items associated with such Controlling Account will be deleted and will no longer be accessible via any Connected Account(s).

Business accounts may be permitted by MPDPL / Yaarzoo to acquire, at no charge, certain Licensed Avatar Items designated by MPDPL / Yaarzoo for such accounts and made available by MPDPL / Yaarzoo in the Avatars Services. Licensed Avatar Items acquired in connection with a personal Controlling Account may not be accessed or used in connection with any business account. You acknowledge that if you convert your personal account to a business account, any Licensed Avatar Items associated with your personal account may no longer be accessible. If you delete a business account or such account is otherwise suspended or disabled, any Licensed Avatar Items associated with such business account will be deleted and will no longer be accessible.

Generated Content.

Avatar Tools.

As part of the Avatars Services, MPDPL / Yaarzoo may offer you access to Avatar Tools that can be used to assemble or generate a MPDPL / Yaarzoo Avatar or Generated Avatar Items. For example, Avatar Tools may include (A) tools that allow you to assemble an Avatar by selecting from a collection of pre-determined attributes made available by MPDPL / Yaarzoo; (B) tools that enable us to create an Avatar for you based on a selfie video recording or photo of yourself submitted by you (e.g. AutoGen), or based on one or more of your public profile photos on MPDPL / Yaarzoo Company Products (e.g. Instant Avatars); and (C) tools that enable us to create Generated Avatar Items based on text prompts or descriptions submitted by you. Certain Avatars Services, including certain Avatar Tools, may not be available in all locations.

If, in connection with your use of the Avatar Tools, you provide us with access to, or otherwise make available to us, any images, videos or other content, including any selfie video recordings or photos or any profile photos ("User Content"), you hereby grant to MPDPL / Yaarzoo a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid up, worldwide license to reproduce, distribute, modify, create derivative works based upon, perform and display (publicly or otherwise), and otherwise use such User Content and your image, likeness and other personal characteristics as captured or reflected therein (your "Persona") in connection with Generated Content and the Avatars Services, including the marketing and promotion thereof (consistent with your privacy and application settings). This license will end when your User Content is deleted from our systems. Please review the MPDPL / Yaarzoo Privacy Policy for instructions on how to manage and delete your information.

You hereby acknowledge and agree that, even if a MPDPL / Yaarzoo Avatar is generated from your User Content, such MPDPL / Yaarzoo Avatar may nevertheless have similarities to other MPDPL / Yaarzoo Avatars and that MPDPL / Yaarzoo has no responsibility or liability for any similarities between or among MPDPL / Yaarzoo Avatars, and that you will not object to and will have no right to prevent, other Avatars Services users from having such MPDPL / Yaarzoo Avatars. Further, you hereby acknowledge that any MPDPL / Yaarzoo Avatar generated from your User Content will not, and is not intended to, reflect your Persona.

You hereby acknowledge and agree that (A) there are a finite number of assets and features used to create MPDPL / Yaarzoo Avatars and Generated Avatar Items and, as a result, other users of the Avatars Services may create or generate a MPDPL / Yaarzoo Avatar or Generated Avatar Item with an identical or similar combination of assets and features as those used by you for your MPDPL / Yaarzoo Avatar or Generated Avatar Items, and (B) you will not object to, and have no right to prevent, other Avatars Services users from having such MPDPL / Yaarzoo Avatars or Generated Avatar Items.

License to Generated Content. Subject to these Avatars Terms, and solely for so long as you are permitted by MPDPL / Yaarzoo to use the Avatars Services, by assembling or generating a MPDPL / Yaarzoo Avatar or Generated Avatar Items using an Avatar Tool, MPDPL / Yaarzoo grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such MPDPL / Yaarzoo Avatar or Generated Avatar Items solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below). If you materially or repeatedly fail to comply with these Avatars Terms, the rights granted to you herein shall immediately terminate and you shall cease all use of the Avatars Services, including any MPDPL / Yaarzoo Avatar and Generated Avatar Items.

Additional caveats. MPDPL / Yaarzoo does not guarantee that any Avatar Tool or Generated Content will be made available or, if made available, will remain available. MPDPL / Yaarzoo may, at any time, remove any Avatar Tool or Generated Content from any MPDPL / Yaarzoo Company Product or change, supplement, impose additional restrictions or limits on, suspend, delete or discontinue any Avatar Tool or Generated Content for any reason, except where reasonable advance notice is required by law, in which case we will provide such notice. If we remove any Generated Content for violation of the Community Standards, we will let you know and explain any options that you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability, harm to other users or compromise the integrity or operation of our services.

Licensed Avatar Items.

Licensed Avatar Items Listings. In certain instances, we may make available listings, descriptions and images of Licensed Avatar Items, or related discounts. The availability of any listing, description or image of a Licensed Avatar Item does not imply our endorsement of, or affiliation with, any third-party licensor(s) associated with such Licensed Avatar Item. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Licensed Avatar Item are subject to change at any time without notice, except where reasonable advance notice is required by law; in which case, we will provide such notice. Descriptions of Licensed Avatar Items are approximate and are for convenience only. The colours of Avatar items may vary depending on the device on which you are viewing such items, and we cannot guarantee that a device will accurately display such colours. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession and use of any Licensed Avatar Item.

Licensed Avatar Items. All Licensed Avatar Items are licensed, not sold, to you under these Avatars Terms, and references to "sale" or "purchase" relate solely to acquiring a license to access and use a Licensed Avatar Item. Subject to these Avatars Terms and the Additional Terms, and solely for so long as you are permitted by MPDPL / Yaarzoo to use the Avatars Services, by completing an acquisition of a Licensed Avatar Item, you receive from MPDPL / Yaarzoo a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use such Licensed Avatar Item that is the subject of such acquisition, solely for your personal, non-commercial use (except as expressly set forth in the "Limited Commercial Use" section below).

MPDPL / Yaarzoo does not guarantee that any Licensed Avatar Items will be made available or, if made available, will remain available. MPDPL / Yaarzoo may, at any time, remove any Licensed Avatar Item from any MPDPL / Yaarzoo Company Product or change, supplement, impose additional restrictions or limits on, suspend, delete or discontinue any Licensed Avatar Item or these Avatars Terms for any reason, except where reasonable advance notice is required by law; in which case, we will provide such notice. You further acknowledge that Licensed Avatar Items acquired by you may not be unique, and that we may make available identical or similar Licensed Avatar Items to other users of the Avatars Services.

Certain Licensed Avatar Items may only be accessed and used for a limited period of time or a limited number of times. If you acquire such a Licensed Avatar Item, it will be removed from your inventory or otherwise become unavailable to you after such period has elapsed or the total number of uses has been reached, as applicable.

Third-party Content. Licensed Avatar Items may be created in whole or in part by a third party, or may otherwise incorporate content owned by a third party, including third-party logos, brands or designs (collectively, "Third-party Content"). You acknowledge and agree that you have no right to use such Third-party Content in any way except as incorporated into a Licensed Avatar Item and in accordance with these Avatars Terms, the Additional Terms and any applicable Third-party Terms.

Ownership. You acknowledge and agree that, as between you and MPDPL / Yaarzoo, MPDPL / Yaarzoo and/or its third-party licensors own, and will retain all right, title and interest in and to, the Avatars Services, including any and all MPDPL / Yaarzoo Avatars, Avatar Items and Avatar Tools. To the extent you have or obtain any right, title or interest in or to the Avatars Services, including any MPDPL / Yaarzoo Avatar, Avatar Items or Avatar Tools, you hereby assign to MPDPL / Yaarzoo all such right, title and interest, including any intellectual property rights therein. If, for any reason, the above assignment of rights is ineffective, you hereby grant to MPDPL / Yaarzoo a non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, fully paid up, irrevocable, worldwide licence to reproduce, distribute, modify, create derivative works based upon, perform and display (publicly or otherwise), and otherwise use any rights you may have in or to the Avatars Services, including any MPDPL / Yaarzoo Avatar, Avatar Items and Avatar Tools, including in the marketing and promotion thereof.

Restrictions. In connection with the Avatars Services, you must not: (a) reverse engineer, decompile or disassemble, or otherwise attempt to discover the object code, source code or underlying algorithms relating to the Avatars Services or any portion thereof (including any MPDPL / Yaarzoo Avatar or Avatar Item), except where such restriction is expressly prohibited by applicable law; (b) modify, translate or create derivative works based upon the Avatars Services or any portion thereof, including any MPDPL / Yaarzoo Avatar; or (c) remove or alter any copyright, trademark or other proprietary rights notice from the Avatars Services or any portion thereof.

Community Standards. You represent and warrant that you: (a) will neither submit, nor attempt to submit, to the Avatars Services any User Content featuring any individual other than yourself; (b) are the only individual whose Persona is featured in any User Content submitted by you to the Avatars Services; (c) in connection with your User Content or any Generated Content, will not impersonate or seek to impersonate any individual or entity, adopt the Persona of another individual or otherwise engage in any misleading, deceptive or fraudulent conduct; (d) will not use the Avatars Services, including any MPDPL / Yaarzoo Avatar, to produce, share or otherwise make available any content or engage in any behaviour that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libellous, vulgar, lewd, invasive of another's privacy, right of publicity or other proprietary rights, or that otherwise violates the Community Standards; (e) will neither transfer, sell, gift, exchange, share, trade, lease, sublicense or rent any Generated Content to any third party, nor attempt to do or encourage others to do any of the foregoing; or (f) will not otherwise violate applicable law.

Personal Use; Limited Commercial Use.

Personal Use. Except as expressly permitted under the "Limited Commercial Use" section or as otherwise authorized by us in writing: (i) you may only use the Avatars Services (including any MPDPL / Yaarzoo Avatar, Avatar Items or Avatar Tools) for your personal, non-commercial use; and (ii) you shall not, and shall not permit any third party to (A) access or use the Avatars Services for any commercial purpose or resale, or (B) generate or receive any income or other consideration from or in connection with any use of the Avatars Services, including any use in connection with any Third-party Services.

If we determine or suspect that you have violated any of the restrictions set forth in this subsection (a), we may suspend or terminate (at our discretion) your right to use the Avatars Services, including any MPDPL / Yaarzoo Avatar, Avatar Items and/or Avatar Tools. Following any such suspension or termination, any subsequent ability to use the Avatars Services will be at MPDPL / Yaarzoo's sole discretion.

Limited Commercial Use. As a limited exception to the foregoing, you may use your MPDPL / Yaarzoo Avatar and any Avatar Items for commercial, business and other non-personal purposes only in connection with (i) certain MPDPL / Yaarzoo Company Products, and only as so designated by MPDPL / Yaarzoo in connection with such MPDPL / Yaarzoo Company Products; and (ii) certain Third-party Services that permit such use (but subject to any limitations imposed by the applicable providers of such Third-party Services and by MPDPL / Yaarzoo in connection with the applicable MPDPL / Yaarzoo Company Products through which such Third-party Services are made available) ("commercial use"). Notwithstanding the foregoing, any commercial use shall (A) comply with these Avatars Terms, the Additional Terms and any applicable Third-party Terms; (B) comply with all applicable laws, including applicable government regulations or guidelines concerning endorsements, advertising and promotions, including the US Federal Trade Commission's Endorsement Guides; (C) be neither derogatory to MPDPL / Yaarzoo nor damage the value, reputation or goodwill of MPDPL / Yaarzoo or any of its products or brands (as determined by MPDPL / Yaarzoo); (D) neither suggest nor imply any form of association, approval or endorsement by MPDPL / Yaarzoo or any third party where none exists; and (E) not include any falsehoods or misrepresentations about MPDPL / Yaarzoo or any third parties.

Without limiting the generality of the foregoing, you represent and warrant that, in connection with any commercial use, you have reviewed and will comply with the US Federal Trade Commission's Endorsement Guides, including any disclosure obligations; and any endorsement, advertising or promotion in connection with the commercial use will reflect your honest opinions, beliefs and/or experiences, and will not be false, deceptive or misleading.

To the extent that the commercial use relates to branded content (as defined in the Branded Content Policies), such content is governed by the Branded Content Policies as if it were posted using the branded content tool.

If we determine or suspect that you have violated any of the restrictions set forth in this subsection (b), or if we receive objections from others regarding any commercial use by you, we may, with immediate effect and without notice to you, revoke your permission for you to make commercial use of your Avatar and/or Avatar Items, or may suspend or terminate (at our discretion) your right to use the Avatars Services and/or any MPDPL / Yaarzoo Avatar or Avatar Items. Following any such suspension or termination, any subsequent ability to use the Avatars Services (or any portion thereof) will be at MPDPL / Yaarzoo's sole discretion.

Termination. These Avatars Terms are effective until terminated by us or by you. If you materially or repeatedly fail to comply with these Avatars Terms, you shall immediately cease using the Avatars Services, including any Generated Content or Licensed Avatar Items, and any license to any Generated Content or Licensed Avatar Items granted to you will terminate automatically. In addition to any termination or suspension rights set forth in the Additional Terms, we may terminate or suspend your access to the Avatars Services or to any specific Generated Content or Licensed Avatar Items on any or all relevant MPDPL / Yaarzoo Company Products at any time by providing reasonable advance notice if required by law, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Avatars Terms. Upon any such termination or suspension, your right to use the Avatars Services will immediately cease. Sections 3 (except 3.b), 4 (except 4.a), 5, 6, 7 and 9-15 of these Avatars Terms will survive any termination of the Avatars Services and/or these Avatars Terms.

Feedback. If you submit to us any comments, questions, suggestions, use cases (whether actual or proposed), problems, issues, ideas, results or other feedback relating to your use of the Avatars Services ("Feedback"), we and our designees may freely use and otherwise exploit such Feedback in connection with any of our products or services or those of any of our affiliates or business partners, without obligation or compensation to you. You hereby assign to MPDPL / Yaarzoo all rights, titles and interest in and to any Feedback, without any right to compensation from MPDPL / Yaarzoo, and nothing in these Avatars Terms or in the parties' dealings arising out of or related to these Avatars Terms or the Avatars Services will restrict MPDPL / Yaarzoo's right to use, profit from, disclose, publish, keep secret or otherwise exploit any Feedback, without compensating or crediting you, the individual employee or other authorized personnel providing such Feedback.

Disclaimers. The Avatars Services, including any MPDPL / Yaarzoo Avatar, Avatar Items, Generated Content and Avatar Tools, are provided "AS IS" and we make no representations or guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the fullest extent permitted by law, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR: (A) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, THE AVATARS SERVICES, INCLUDING ANY MPDPL / YAARZOO AVATAR OR AVATAR ITEMS (INCLUDING THIRD-PARTY CONTENT); (B) ANY USER CONTENT, THIRD-PARTY CONTENT OR OTHER CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY CREATES, POSTS, SENDS, RECEIVES OR STORES ON OR THROUGH THE AVATARS SERVICES; (C) THE COMPLETENESS, QUALITY, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE AVATARS SERVICES; (D) ANY HARM TO YOUR DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE AVATARS SERVICES; (E) THE OPERATION OR COMPATIBILITY OF THE AVATARS SERVICES, INCLUDING ANY MPDPL / YAARZOO AVATAR OR AVATAR ITEMS (INCLUDING THIRD-PARTY CONTENT), WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (F) ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES; AND (G) WHETHER OR NOT THE AVATARS SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

MPDPL / YAARZOO ASSUMES NO OBLIGATIONS OR LIABILITY WITH RESPECT TO THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES, AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES.

We do not control or direct what Avatars Services users and other third parties do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). Your rights are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of the Avatar Services, do not permit it.

Indemnification. To the maximum extent permitted by applicable law, you agree to defend (at our request), indemnify and hold harmless MPDPL / Yaarzoo and its affiliates from and against any claims, liabilities, damages, losses and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) any actual or alleged breach of these Avatars Terms, the Additional Terms or any Third-party Terms by you or by any third party to whom you have made available access to or use of the Avatars Services; (b) any use of the Avatars Services in violation of applicable law by you or associated with your account; (c) your use of, or activities in connection with, the Avatars Services, including, without limitation, any commercial use; (d) your violation of any rights of any third party; (e) any dispute between you and any other user of the Avatars Services related to the Avatars Services (including any MPDPL / Yaarzoo Avatar, Avatar Item or User Content); (f) your User Content; and (g) your negligence or wilful misconduct. In the event that MPDPL / Yaarzoo requests that you provide MPDPL / Yaarzoo's defence to such a claim, you agree that, in providing such defence, MPDPL / Yaarzoo: (x) shall be consulted regarding and shall have the right to approve (at our sole discretion), defence strategy, any appeal and any settlement of the claim; (y) shall have the right to select defence counsel; and (z) may further participate in the defence of the claim with counsel of our own choice at our own expense.

Limitation of liability. We cannot predict when issues might arise with the Avatars Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and, subject to this limitation, under no circumstance will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Avatars Terms or the Avatars Services, even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of or relating to these Avatars Terms, the Avatars Services (including any MPDPL / Yaarzoo Avatar or Avatar Items) or any Third-party Services will not exceed the greater of: (a) the amount you have actually paid to us in connection with the Avatars Services in the twelve (12) months preceding the date on which the claim arose; and (b) one-hundred US dollars (USD 100). THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.

Dispute resolution.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT. THIS "DISPUTE RESOLUTION" SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES WITH US (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) ARISING OUT OF OR RELATED TO THESE AVATARS TERMS OR THE AVATARS SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Except as provided below, you and we agree that any cause of action, legal claim or dispute between you and us arising out of or related to these Avatars Terms or the Avatars Services (including any MPDPL / Yaarzoo Avatar or Avatar Items) ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may only bring a claim on your or our own behalf and cannot seek relief that would affect other users of the Avatars Services. If there is a final judicial determination that any claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this "dispute resolution" section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this "Dispute Resolution" section.

Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association ("AAA") will administer all arbitrations under its Consumer Arbitration Rules, as amended by these Avatars Terms. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator's decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Avatars Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. In addition, disputes relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within thirty (30) days of the date that you first agreed to any version of these Avatars Terms. To opt out, you must send your name, residence address, email address and a clear statement that you want to opt out of this arbitration provision here: MPDPL / Yaarzoo Platforms, A-402, Star Garden, Chhaprabhatha Variyaav Road, Ganeshpura, Amroli, Surat (Gujarat) - 394107.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be posted to MPDPL / Yaarzoo Platforms, A-402, Star Garden, Chhaprabhatha Variyaav Road, Ganeshpura, Amroli, Surat (Gujarat) - 394107. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you provided or by other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration that we bring or if your claims seek less than INR 25,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the AAA's applicable rules, including rules regarding frivolous or improper claims.

Notwithstanding the foregoing, if you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Avatars Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Avatars Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, at its sole discretion, MPDPL / Yaarzoo Platforms Inc. may also bring any claim that we have against you related to efforts to abuse, interfere or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.

Miscellaneous.

Assignment. You may not assign these Avatars Terms or any of the rights granted hereunder without the prior written consent of MPDPL / Yaarzoo, and any attempted assignment without such consent shall be void. Subject to the foregoing, these Avatars Terms will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. All of our rights and obligations under these Avatars Terms are freely assignable by us, including, without limitation, in connection with a merger, acquisition or sale of assets, or by operation of law.

Trade compliance. You will comply with all applicable US and non-US export controls, import controls and trade sanctions laws ("Trade Laws") when accessing Avatar Tools and Avatar Items and when using Avatars Services. You will not access, use or download, or allow others to access, use or download, Avatar Tools, Avatar Items or Avatars Services, or conduct purchase transactions: (i) if you or they are located in a country or region subject to comprehensive US trade sanctions; (ii) if you or they are listed on any US or EU restricted parties list; (iii) in connection with activities, individuals or entities that are located in a country or region subject to comprehensive US trade sanctions; or (iv) in any way that would otherwise violate applicable Trade Laws, including end use and end user restrictions. You or they will not disguise your or their location through IP proxying or other methods.

You will not, and will not allow others to, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of the Avatar Tools, Avatar Items or Avatars Services: (A) to any individual, entity, country or region prohibited by Trade Laws; (B) to anyone on any US or EU government restricted parties list; or (C) for any purpose prohibited by Trade Laws.

You will not, and will not allow others to, use, distribute or transfer the Avatar Tools, Avatar Items or Avatars Services, or Third-party Services in any manner that violates applicable laws, including all applicable Trade Laws.

The Avatar Tools, Avatar Items and Avatars Services may not be resold, transferred or otherwise disposed of in a country or region subject to comprehensive US trade sanctions or to a person or organization on any US or EU restricted parties list.

Severability. If any provision of these Avatars Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Avatars Terms and will not affect the validity and enforceability of any remaining provisions.

No third-party beneficiaries. These Avatars Terms do not confer any third-party beneficiary rights.

Entire agreement. These Avatars Terms and the Additional Terms (and any agreements incorporated by reference therein) make up the entire agreement between you and MPDPL / Yaarzoo related to the subject matter hereof, and supersede any and all prior and contemporaneous written or oral agreements or understandings between you and MPDPL / Yaarzoo relating to such subject matter.