Privacy Policy and Terms of Use

Our Terms of Use and Privacy Policy (“Terms”) were last updated on April 1, 2024.

By using the Platform and Our Products, You agree to these Terms. If you disagree with these Terms, please refrain from using our Platform and Our Products.

1.   Interpretation  

Interpretation: The words with initial capital letters are defined below or within these Terms:

  • Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to YoYo Survivor.
  • Country” refers to Canada.
  • Cookies” are small files placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Device” means any device that can access the Platform, such as a computer, a cell phone or a tablet.
  • Personal Data” is any information that relates to an identified or identifiable individual.
  • Platform” refers to the Website.
  • Product” is any product, program, or session that We offer at the Company that is promoted through the Website or third-party platforms, including but not limited to Facebook, Instagram, and YouTube.
  • Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Platform, provide services on behalf of the Company, perform services related to the Platform, or assist the Company in analyzing how the Platform is used.
  • Usage Data” refers to data collected automatically, either generated using the Platform or from the Platform infrastructure itself (for example, the duration of a page visit).
  • Website” refers to https://yoyosurvivor.com/
  • You” and “Your” means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

2.   Products and Services

  1. Product Listings: We strive to provide accurate and up-to-date Product and Platform information, but We do not guarantee the accuracy, completeness, or reliability of any Product or Platform listings.
  2. Purchases: By making a purchase on Our Platform, You agree to pay the specified price, including any applicable taxes and fees, including any value-added tax (VAT), customs, shipping or other fees. Payment is processed through a third-party payment processor.
  3. Links to Other Websites: Our Platform links to third-party websites or services that We do not control. We are not responsible for the content, policies or practices of any third-party website or service linked to Our Platform. The inclusion of these links does not imply an endorsement of the third-party website or service. You are responsible for reading the terms and conditions and privacy policies of these third-party web-based services and websites before using them.
  4. Order Availability and Confirmation: Our Platform does not guarantee the availability of any Products. If multiple users attempt to purchase a limited item simultaneously, We reserve the right to cancel or limit quantities at Our discretion, and We shall not be held responsible for any inconvenience or loss incurred. An order confirmation does not constitute acceptance of Your order. We reserve the right to cancel or limit quantities at Our discretion.

3.   Intellectual Property

  1. Ownership: All content and materials on the Platform, including text, images, logos, and trademarks, are owned or licensed by the Company and are protected by intellectual property laws.
  2. Grant of Licenses: These Terms grant You a limited license to use the Platform for its intended purpose. This does not allow You the right to sub-license any of the previously mentioned content. All rights are reserved, and content on Our Platform may not be reproduced, downloaded, published, or transferred in any form without Our direct permission. All rights not expressly granted in these Terms are reserved exclusively to Us.  By uploading any content to the Platform, You grant Us a non-exclusive, royalty-free license to use, display, and distribute the content within the Platform.

4.   User Conduct & Acceptance of Risks

  1. Prohibited Activities: You agree not to engage in any activities that may harm, disrupt, or interfere with the Platform, including but not limited to hacking, spamming, or uploading malicious code.
  2. ACCEPTANCE OF RISK: BY USING THE PLATFORM OR ENGAGING WITH THE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ENDORSE ANY BEHAVIOR SET OUT ON THE PLATFORM OR THROUGH THE PRODUCT AND THAT THE ACTIVITIES AND INFORMATION PROVIDED, INCLUDING SURVIVAL TECHNIQUES, DEALING WITH HARSH CLIMATES, AND INTERACTING WITH WILDLIFE, COME WITH INHERENT RISKS THAT COULD AFFECT YOUR HEALTH AND SAFETY. YOU ASSUME FULL RESPONSIBILITY FOR ANY RISKS, INJURIES, OR DAMAGES, WHETHER KNOWN OR UNKNOWN, THAT MIGHT ARISE FROM UTILIZING THE INFORMATION FROM THE PLATFORM OR PRODUCT. WE STRONGLY ADVISE UNDERTAKING ANY DESCRIBED ACTIVITIES AND TECHNIQUES WITH CAUTION AND PROPER PREPARATION. IT IS YOUR DUTY TO ASSESS THESE RISKS AND ENSURE YOU HAVE THE NECESSARY SKILLS, KNOWLEDGE, AND EQUIPMENT FOR SAFE PARTICIPATION.
  3. Compliance with Laws: By using the Platform, You agree to comply with all relevant laws and regulations. You are responsible for ensuring that any content You provide does not violate laws, including those that are unlawful, offensive, defamatory, or infringing upon others’ intellectual property rights. Additionally, You are committed to upholding environmental and legal standards, including respecting landowner rights, protecting flora and fauna, and responsibly using motorized vehicles and weapons in accordance with local and national regulations.

5.   Disclaimers and Limitation of Liability

  1. DISCLAIMER: THE INFORMATION PROVIDED ON THE PLATFORM AND THROUGH THE PRODUCTS ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY CONCERNING THE PLATFORM OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.
  2. Limitation of Liability: To the maximum extent permitted by law, in no event shall Our liability for any claims arising out of Your use of the Platform exceed the total amount paid by You for any purchases made on the Platform. This limitation of liability applies regardless of the cause of action, whether in contract, tort, or otherwise. We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from Your use of the Platform.

6.   E-Newsletter Subscription

  1. By providing Your contact information, including Your email address, You agree to sign up for our e-newsletter email list. You consent to receive promotional materials, updates, and other communications from Us via email. You may unsubscribe from the e-newsletter email list at any time by following the instructions in the newsletter email.

7.   Privacy Terms

  1. Collecting and Using Your Personal Data
    1. Types of Data Collected

Personal Data

While using Our Platform or Our Products, We may ask You to provide Us with certain Personal Data that can be used to contact or identify You. Personal Data that We may collect may include:

  • Your first name and last name.
  • Your contact information, including phone number, email address, and physical address.
  • Information that You voluntarily provide Us through our Platform or Products includes but is not limited to any survey results, completed forms or applications, and testimonials or photographs that You provide Us.
  • Your payment information, such as e-transfer or credit card information that you voluntarily provide Us.
  • Your Usage Data.

Usage Data

Usage Data is collected automatically when using the Platform. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Platform that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Platform by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device’s unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Platform or when You access the Platform by or through a mobile device.

Tracking Technologies and Cookies

We may use cookies and similar technologies like beacons and scripts to enhance and analyze Our Platform. This includes using temporary (Session) and persistent (Persistent) cookies, which remain on Your device to remember Your preferences and previous visits. While You can set your browser to block cookies, doing so may affect your ability to use certain parts of Our Platform. Our cookies, if used, may be used for several purposes, including:

  • Necessary Cookies: Essential for using services on our website.
  • Preference Cookies: Save Your settings and preferences.
  • Analytics Cookies: Track website usage and performance (may be set by third parties).
  1. Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Platform and Our Products, including monitoring the usage of Our Platform.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the Products You have purchased or any other contract with Us through the Platform or Our Products.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which We offer similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Our Platform users is among the assets transferred.
  • To deliver the Products: We may use Your information in logs during Our Products to help Us monitor and support Your experience of Our Products.
  • For marketing and publicity purposes: We may use photographs of You for publicity purposes, including but not limited to the Company’s website, printed material, and social media.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and evaluating and improving Our Platform, products, services, marketing and Your experience.
  1. Retention of Your Personal Data: The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Terms. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain Your Personal Data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Platform, or We are legally obligated to retain this data for longer periods.

  1. Processing of Your Personal Data Your information, including Personal Data, is processed at the Company’s operating office(s) and any other places where the parties involved are located. This means that this information may be transferred to and maintained on computers outside your state, province, country, or other governmental jurisdiction, where the data protection laws may differ from Yours.

The Company will take commercially reasonable steps to ensure that Your data is treated securely and in accordance with these Terms, and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information.

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Platform in accordance with their Privacy Policies.

  1. Disclosure of Your Personal Data We may share Your Personal Data in the following situations:
  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of Our Platform, for payment processing, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour these Terms. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: When You share personal information or otherwise interact in public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.
  • For law enforcement purposes: Under certain circumstances, the Company may be required to disclose Your Personal Data if required by law or in response to valid requests by public authorities (e.g. a court or a government agency).
  • For other legal purposes: The Company may disclose Your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of the Company, prevent or investigate possible wrongdoing in connection with the Platform or Products, protect the personal safety of Users of the Platform or Products or the public or protect against legal liability.
  1. Security of Your Personal Data: The security of Your Personal Data is important to Us, but no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
  2. Children’s Privacy: Our Platform does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We may take steps to remove that information from Our servers. If You are a guardian of a child, by enrolling your child in our Products, you are consenting to Our collection, Use and Disclosure of their Personal Data in accordance with these Terms.
  3. Links to Other Websites: Our Platform may contain links to other websites not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Terms of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

8.   Termination & Indemnification

  1. We reserve the right to immediately suspend or terminate Your Access to Our Products and Platform without notice should You fail to comply with any provisions of these Terms. Furthermore, at Our sole discretion, We may terminate Your Access at any time and for any reason without incurring liability towards You in accordance with Our dedication to maintaining the integrity and safety of Our Platform and Products and Our commitment to responsible, legal, and environmentally conscious promotion of survival skills.
  2. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Platform from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related any other person accessing the Platform using Your Internet account. This indemnification obligation will survive the termination of these Terms and Your use of the Platform and Product.

9.   Review and Acceptance of Changes to Terms

We may update these Terms from time to time. By continuing to use the Platform after the effective date of the updated Terms, You agree to be bound by the revised Terms.

10.  Governing Law

These Terms will be made in British Columbia and will be governed by and in accordance with the law of the Province of British Columbia and the applicable laws of Canada, excluding any conflict of laws rules that might otherwise require the application of the laws of another jurisdiction. Regardless of Your place of residence or jurisdiction in which You reside, whether permanently or temporarily, You submit to the exclusive jurisdiction of the courts of the Province of British Columbia and/or the Federal Court of British Columbia, as applicable. You agree to bring no action or seek to resolve any dispute with Us in any other jurisdiction, not seek arbitration of any such dispute without Our consent, and not commence any action against Us by any other class proceedings.

11.  Changes to this Terms

We may update Our Terms from time to time. We will notify You of any changes by posting the new Terms on the Platform. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when posted on the Platform.

12.  Contact Us

If You have any questions about these Terms, You can contact Us by visiting this page on Our website: https://yoyosurvivor.com/contact-us/

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