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Terms of Use

Last Updated: 04/22/2026


Welcome to Yami.com. Transocean Resources Management, Inc and/or its affiliates (“Yami”) provide website features and other products and services to you when you visit or shop at Yami.com, use Yami products or services, use Yami applications for mobile, and other device-based applications on various platforms, including, without limitation, Android and iOS (the “App”), or use software or other features and functions, including those using artificial intelligence and similar technologies, provided by Yami in connection with any of the foregoing (collectively, including the App, “Yami Services”). These Terms of Use (the “Terms”), constitute a legally binding agreement between you and Yami that applies to your Yami.com account and your use of the App and the Yami Services, including any viewing or submission of content in the Yami Services.


Please read these Terms carefully before using the website or the Yami Services. By using Yami Services and/or the App, you agree to the Terms. Additional terms may apply to the Yami Services. When you use a Yami Service (for example, Your Profile, Gift Cards, Yami Points, Yami Videos, or Yami applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Yami Service (“Service Terms”). By using the Yami Services you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and accept and agree to be bound by these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Yami Services and uninstall the App immediately.


IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND Yami THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, MASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND.  YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW.  BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

DISPUTE RESOLUTION – Binding Individual Arbitration & Class Action/Jury Trial Waiver (“Arbitration Agreement”) 



Mandatory Binding Arbitration of Disputes. You and Yami agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Yami Services, or any aspect of the relationship between you, on the one hand, and Yami or its suppliers or sellers, on the other hand, or the breach, termination, enforcement, interpretation, or validity of the Terms or this Arbitration Agreement (collectively, “Disputes”), will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of the Juidicial Arbitration and Mediation Services, Inc. (“JAMS”), instead of in a court in any jurisdiction by a judge or jury. You and Yami agree that an 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 claim 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 the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.


Notwithstanding this Arbitration Agreement, you and Yami each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains 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.


Class Action/Jury Trial Waiver. You and Yami agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Yami agree in writing, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing sentence is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and Yami shall be deemed not to have agreed to arbitrate disputes on a mass or class basis. This Arbitration Agreement shall survive any termination of these Terms.


Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending Yami a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at Yami Customer Service, 14969 Summit Dr, Eastvale, CA 92880, or by email at help@yami.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Yami.


Rules & Procedures. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if outside the scope of those rules, under JAMS’ Comprehensive Arbitration Rules and Procedures) and any supplementary rules (as applicable, the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.


A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. You can contact JAMS for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-352-5276. Any arbitration hearings will take place in the county where you live or at another mutually agreed location.


It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California, without regard to its choice or conflict of law provisions.


Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Yami will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for $10,000 or less, unless the arbitrator finds your Dispute frivolous.


Changes to Arbitration Agreement. Notwithstanding the provisions of “Changes to Terms” below, if Yami changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at Yami Customer Service, 14969 Summit Dr, Eastvale, CA 92880, or by email at help@yami.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Yami in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).


GOVERNING LAW, FORUM CHOICE & LIMITATIONS PERIOD

These Terms and the Yami Services shall be governed in all respects by the laws of the State of California, without regard to its choice or conflict of law provisions. Except as otherwise set forth in Dispute Resolution, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms or the Yami Services shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the Terms or the Yami Services must be commenced within 1 year after the cause of action or claim arises.


PRIVACY

Use of the Yami Services is also governed by our Privacy Policy, which is available on the Sites and is incorporated into these Terms by this reference.


ELECTRONIC COMMUNICATIONS

When you use any Yami Service, or send emails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, live chat, or notices and messages on this site or through the other Yami Services, such as our Message Center and App. 


COPYRIGHT

All content included in or made available through any Yami Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of Yami or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Yami Service is the exclusive property of Yami and protected by U.S. and international copyright laws.

Permission is granted to make a reasonable number of electronical and/or print hard copies of reasonable portions of this site for the sole purpose of placing an order with Yami.com or purchasing Yami.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print a reasonable portion of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Yami.com or to purchase Yami.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Yami.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Yami Services in breach of these Terms or any applicable laws, rules, or regulations, your right to use the Yami Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Yami Services or any content on the Yami Services is transferred to you, and all rights not expressly granted are reserved by Yami. Any use of the Yami Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


TRADEMARKS

Yami’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Yami Service are trademarks of Yami in the U.S. and other countries. Yami's trademarks may not be used in connection with any product or service that is not Yami's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yami. All other trademarks not owned by Yami that appear in any Yami Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yami.


LICENSE AND ACCESS

Subject to your compliance with these Terms and your payment of any applicable fees, Yami or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Yami Services.  Without limiting the foregoing, you agree not to use any of the Yami Services:

  • In any way that violates any applicable federal, state, local, foreign, or international law or regulation (including, without limiting, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the our content standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Yami, a Yami employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the any Yami Services, or which, as determined by us, may harm Yami or users of the Yami Services or expose them to liability.

Additionally, you agree not to:

  • Use the Yami Services in any manner that could disable, overburden, damage, or impair the Yami Services or interfere with any other party’s use of the Yami Services, including their ability to engage in real time activities through the Yami Services.
  • Use any robot, spider or other automatic device, process or means to access the Yami Services for any purpose, including monitoring or copying any of the material on the Yami Services.
  • Use any manual process to monitor or copy any of the material on the Yami Services or for any other unauthorized purpose (i.e., any purpose not expressly authorized under these Terms) without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Yami Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Yami Services, the server on which the Yami Services are stored, or any server, computer or database connected to the Yami Services.
  • Attack any of the Yami Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Yami Services.


All rights not expressly granted to you in these Terms or any Service Terms are reserved and retained by Yami or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yami Service, nor any part of any Yami Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yami. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yami without express written consent. You may not use any meta tags or any other “hidden text” utilizing Yami's name or trademarks without the express written consent of Yami. You may not misuse the Yami Services. You may use the Yami Services only as permitted by law. The licenses granted by Yami terminate if you do not comply with these Terms or any Service Terms.


YOUR ACCOUNT

If you use any Yami Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. These Terms are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Yami.com without notice at any time, for any reason. The provisions relating to Dispute Resolution, Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.

You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes. Yami reserves the rights to refuse service to any accounts including but not limited to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at Yami’s sole discretion.


AGE REQUIREMENT

Yami does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Yami Services only under the supervision of a parent or guardian. Alcohol and adult product listings on Yami are intended for adults only. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol; you must be at least 18 years of age to view or purchase adult related products. Yami is not responsible for purchases made by anyone under the required age to use our website. Yami reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post or otherwise upload to the Yami Services reviews, comments, photos, videos, and other content (“User Contributions”). All User Contributions must comply with the Yami Content Standards (described below) and these Terms. Any User Contributions you provide to the Yami Services will be considered non-confidential and non-proprietary. By providing any User Contributions to the Yami Services, you grant us and our affiliates, manufacturers, and service providers, and each of their and our respective licensees, successors, and assigns, a perpetual right and license to use, reproduce, modify (including edit), perform, display, distribute, and otherwise disclose to third-parties any such User Contributions for any purpose. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, manufacturers, and service providers, and each of their and our respective licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Yami, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Yami Services.


We have the right to: (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Yami Services or the public or could create liability for Yami; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Yami Services; and (5) terminate or suspend your access to all or part of the Yami Services through technological or other means for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Yami Services. You waive and hold harmless Yami and its affiliates, licensees, Manufacturers, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

However, we do not undertake to review all material before it is posted on the Yami Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Yami Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any advertising or promotional material, including any “junk mail,” “chain letter,” or spam” or any other solicitation; (k) solicit, encourage, coerce, others to join or become members of any other commercial online service or other organization; or (l) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case (collectively, our “Content Standards”).


COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Yami Services infringes your copyright, you may request removal of those materials (or access to them) from the Yami Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Yami Services, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); and (e) Include both of the following statements in the body of the DMCA Notice: (1) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” and (2) “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is: 

Copyright Agent

Transocean Resources Management, Inc.

140 S State College Blvd, Suite 300; 

Brea, CA 92821

(800) 407-9710

copyright@yami.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Yami Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.


Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.


RELIANCE ON INFORMATION POSTED

The Yami Services includes content provided by third parties, including materials provided by other users and item manufacturers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Yami, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Yami. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Although we attempt to ensure the integrity and accuracy of the information provided about our own and third-party products on the Yami Services, we make no representation, warranty, or guaranty whatsoever as to the correctness or accuracy of Yami Services or the information about any products on the Yami Services. It is possible that the Yami Services could contain typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Yami Services by third parties. In the event you become aware of any such inaccuracy or other error, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies or other errors on the Yami Services without notice. Information on the Yami Services may be changed or updated without notice. Additionally, we shall have no responsibility or liability for any information or other content posted to the Yami Services by any third-party not affiliated with us. 

We have made reasonable efforts to accurately display the colors of the products offered for sale or that otherwise appear on our Yami Services. However, the actual colors you will see may depend on your display and other computing equipment, and we cannot guarantee that the display of any color you see will be accurate. 


USE OF PHOTO SEARCH AND OTHER SIMILAR ARTIFICIAL INTELLIGENCE TOOLS

You agree and acknowledge that certain features and functionality of the Yami Services, including our photo search and other similar features, may use machine learning, deep learning, and other artificial intelligence technologies (“AI Technology”). By using any of these features, you understand and acknowledge that: (a) AI Technology is an emerging technology with inherent limitations, and outputs may contain errors, inaccuracies, omissions, or “hallucinations” (plausible-sounding but incorrect or fabricated information); (b) the accuracy, completeness, and reliability of the outputs from this AI Technology cannot be guaranteed and may vary based on factors outside of Yami’s control, including input quality, the probabilistic nature of AI Technology, and evolving technology; and (c) the AI Technology may produce different outputs from identical inputs, and such variability is a normal characteristic rather than a defect of AI Technology. You are solely responsible for independently verifying, validating, and reviewing all output generated from AI Technology before relying on them for any purpose. Yami is not liable for losses or damages of any kind arising from reliance on the outputs of AI technology. Yami does not represent that the AI Technology will be error free, uninterrupted, or bias-free. 


RISK OF LOSS

All items purchased from Yami and Yami Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


RETURNS, REFUNDS AND TITLE

Yami does not issue a refund to returned item(s) until the item arrives and has been inspected at our returns center. Your refund will be issued back to your original form of payment in the following orders: Yami Gift Cards, Yami Points, original form of payment. At our discretion, a refund may be issued without requiring a return. In this situation, Yami does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.


PRODUCT DESCRIPTIONS

Due to product improvements design, specifications are subject to change without notice. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Yami does not warrant that product descriptions or other content of any Yami Service is accurate, complete, reliable, current, or error-free. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. We accept no liability for inaccuracies or misstatements about products by marketplace sellers. If a product offered by Yami itself is not as described, your sole remedy is to return it in unused condition.


SALES TAX & REGULATORY FEES

Items sold on Yami.com and shipped to destinations in the following states are subjected to tax:

California

New Jersey (Starting November 1st, 2017)

Canada

If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.

Note: No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.


PRICING

Prices are subject to change without notice. We do our best to make sure that all of the information on this site is accurate. Despite our best efforts, sometimes an item may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Yami reserves the right to cancel any orders placed for products listed at the incorrect price.

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.


OTHER BUSINESSES (Third Party)

Parties other than Yami operate stores, provide services, or sell product lines through the Yami Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Yami does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


YAMI SOFTWARE (APP) TERMS (the “Software Terms”)

When you use apps created by Yami, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. By using Yami Software, you agree to the following terms:

  • Use of the Yami Software (App). Subject to these Terms (including these Software Terms and any Service Terms), Yami grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Yami Software for your personal, non-commercial, use, and to access the Yami Services, each solely for purposes of enabling you to use and enjoy the Yami Services as provided by Yami You may not: (a) modify, translate, adapt, or otherwise create derivative works or improvements of the Yami Software, including incorporate any portion of the Yami Software into your own programs or compile any portion of it in combination with your own programs; (b) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Yami Software; (c) transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Yami Software or otherwise assign any rights to the Yami Software in whole or in part; or (d) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Yami Software. You may not use the Yami Software for any illegal purpose. We may cease providing any Yami Software and we may terminate your right to use any Yami Software at any time. Additional third party terms contained within or distributed with certain Yami Software that are specifically identified in related documentation may apply to that Yami Software (or software incorporated with the Yami Software) and will govern the use of such software in the event of a conflict with these Terms or Software Terms. All software used in any Yami Service is the property of Yami or its software suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that the Yami Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Yami Software under these Terms, or any other rights thereto other than to use the Yami Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Yami and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Yami Software, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

  • Use of Third Party Services. When you use the Yami Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  • No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile, decode, or disassemble, attempt to derive or gain access to the source code of, otherwise tamper with, the Yami Software or any party thereof, whether in whole or in part, or create any derivative works from or of the Yami Software.

  • Updates. In order to keep the Yami Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  • Your rights to use the Yami Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms, or any other Service Terms.


CALIFORNIA PROPOSITION 65

Attention California residents: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We know you’re concerned about product safety, and Yami takes all necessary steps to comply with all applicable safety and health requirements.

On Yami.com, we provide a Prop 65 link under each item that requires the Prop 65 warning. If a Prop 65 link does not appear for the product you wish to purchase, the supplier of the product has indicated that it does not require the Prop 65 warning.


18 U.S.C SECTION 2257 COMPLIANCE NOTICE

Yami.com does not produce any content and makes no representation about any content. All image/video products offered on this site and all models pictured on adult product box covers have been produced by other studios or manufacturers.


Yami.com is not the primary producer (as that term is defined in 18 U.S.C. § 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. § 2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.


YAMI MARKETPLACE

Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. Yami does not guarantee the accuracy of nutritional labels or any other information on product packaging.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Yami SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES ARE PROVIDED BY Yami ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Yami MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Yami SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Yami SERVICES IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Yami DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Yami DOES NOT WARRANT THAT THE Yami SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Yami SERVICES, Yami'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Yami ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Yami WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Yami SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Yami SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS PURPORTS TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Yami, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


CHANGES TO TERMS

Yami reserves the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Yami Services. Your continued use of the Yami Services and/or the App following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. Your use of, or participation in, certain Yami Services may also be subject to different or additional Service Terms without advanced notice. If these Terms are inconsistent with the Service Terms, those Service Terms will be controlled.


ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any applicable Service Terms and Software Terms constitute the entire agreement and understanding between you and Yami, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms and any applicable Service Terms and Software Terms shall not be construed against the drafting party.


SEVERABILITY

Except as set forth in the provision for Dispute Resolution above, if any provision of these Terms, or any portion thereof, is found to be void, illegal, unenforceable, or invalid, such provision or portion thereof shall be enforceable to the fullest extent permitted by law, the void, illegal, unenforceable, or invalid provision or portion thereof shall be deemed severed from these Terms, and the remainder of these Terms shall continue in full force and effect. 

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