TERMS OF USE 
 

Welcome to www.littleyim.com (the “Site”), the online site for learning about emerging professional athletes (“Athletes”), purchasing Athletes’ sponsorship packages and related services, provided by Little Yim Corp., a California corporation (the “Company”). By using the Site, you agree to the following terms and conditions (the "Terms"). PLEASE REVIEW ALL THE TERMS CAREFULLY BEFORE USING THE SITE.

1. General Terms

The Company reserves the right to change any of the terms and conditions contained in these Terms, or any policies or guidelines governing the Site, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions to the Site, and may be posted without notice to you. By continuing to use this Site and following our posting of such changes, you agree to be bound by these Terms, as modified.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information about the Athletes and the schedules of their participation in tournaments and other competition events, errors may appear from time to time on the Site. While we will make every effort to provide you with such updated information, purchasing sponsorship packages or subscribing for any other services you've read about on the Site, you are expressly advised that the Company is not responsible for, and does not guarantee the performance of, any such obligations by the Athletes so long as the Company has fulfilled its own responsibilities.

2. Registration

To obtain access to the Site services, you will be given an opportunity to register with the Site and become a member of Athlete Buddies Program (the “Member”) for a fee of $10. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of username or password that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Site through any username/password assigned to you. You will notify the Company of any known or suspected unauthorized use of your account.

3. Sponsoring Athletes

The Site provides a unique opportunity to sports fans to learn about budding professional athletes and to sponsor the athletes in their training and development. The fans purchase sponsorship packages at various levels through the Site (the “Sponsorship Packages”) to become Sponsors of individual Athletes (the “Sponsors”). The Sponsorship Packages are a means to raise funds to support the young Athletes. The fans are provided with various benefits, as applicable according to the level of sponsorship (for package descriptions, please see Addendum No. 1 hereto).

The Company reserves the right to deny use of the Site to anyone who does not comply with these Terms or who otherwise uses our Site in a manner we consider inappropriate.

4. Use of Buddies’ Name and Photos on the Site

Unless the Company otherwise notifies you, a Member of Athlete Buddies Program as well as a Sponsor at any level, will have his/her name and submitted photo posted in the buddies section of the Site as a recognition for the sponsorship efforts. Should Member/Sponsor not be willing to have his/her name and photo publicly displayed on the Company’s Site, Member/Sponsor agrees to properly notify the Company of same.

5. Rebates

In its sole discretion and depending on the Company’s profitability, the Company may offer a rebate to Premium Package Sponsors (see Addendum No. 2 for details). Such rebates will never exceed the amount paid for the Premium Package Sponsorship.

6. Third Party Content

Data and other materials appearing on this Site that are provided by third parties are believed by the Company to be obtained from reliable sources, but we cannot guarantee and are not responsible for their accuracy, timeliness, completeness, or suitability for use. The Company is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that the Company has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the Company with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.

For your convenience, we make available links to websites, and in some cases blogs, of the Athletes who are represented on our Site. We are not responsible for any of the content that appears on these sites.

7. Internet E-mail

E-mail messages may not be secure and may be intercepted by third parties. If you send us an e-mail containing confidential information about you, you agree that you do so at your own risk and that you hold the Company harmless from any loss that you may suffer as a result.

8. Ownership and Permissions

The Site is made available for your personal, non-commercial use only. The materials on this Site are the property of the Company or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Site. You may display and occasionally print a single copy of any page on the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this Site without the prior written consent of the Company. You may not store any significant portion of, nor distribute copies of, materials found on this Site, in any form (including electronic form), without prior written permission from the Company. 

Without the prior written permission of the Company, you may not frame any of the content of the Site, nor incorporate into another website or other service any intellectual property of the Company or its licensors.

9. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site are the registered and unregistered Trademarks of the Company. Use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited.

10. Copyright

Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information. You agree that you will not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other applicable law. All content on the Site, including but not limited to, text, pictures, graphics, logos, button icons, data compilations, images and selection and arrangement of such content is the exclusive property of the Company or its licensors and is protected by the U.S. and international copyright laws. All rights not expressly granted hereby are reserved.

11. No Warranties

THE SITE, ITS CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF AND RELIANCE THEREON ARE AT YOUR OWN AND SOLE RISK. THE COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

• THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, TIMELY UPDATED, SECURE OR OPERATE WITHOUT ERROR;

• THE INFORMATION, CONTENT, SERVICES AND MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THE COMPANY AND THE ATHELETES, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT ATHLETES WILL PERFORM AND PARTICIPATE IN COMPETITIONS AS REPRESENTED ON THE SITE;

• ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SITE USER.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM THE COMPANY OR THROUGH THE USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

13. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY AND OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE YOUR USE OF THE SITE, AND/OR (D) ANY CLAIM YOU HAVE AGAINST ANY ATHLETE INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY ATHLETE’S NONPERFORMANCE OF ANY OBLIGATION OR ACTIVITY UNDERTAKEN OR PUBLICIZED THROUGH THE SITE, OR ANY CLAIM AN ATHLETE MAY HAVE AGAINST YOU.

14. Privacy

The Company is committed to protecting your privacy. We do not sell or rent your personal information to third parties for their marketing purposes. Please see our Privacy Policy, attached hereto as Addendum No.2, which is incorporated by reference into, and made part of, these Terms. The Company reserves the right to change the Privacy Policy in the future. You should check the Privacy Policy frequently for any changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other Site members which may be accessible from the Site or disclosed to you by the Company or one or more Athletes. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy.

15. Disclosure of Information

As permitted by applicable law, the Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect the Company’s systems and Users, or to ensure the integrity and operation of the Company’s business and systems or other purposes deemed reasonable by the Company, the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, as well as usage history.

16. Miscellaneous

(a) Applicable Law. The laws of the State of California govern these Terms and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

(b) Arbitration. You agree that any controversy or claim arising out of or relating to these Terms or the Site shall be settled by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, if necessary to protect the rights or property of you or the Company pending the completion of arbitration and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

(c) Entire Agreement. These Terms and the Privacy Policy and the general terms and conditions set forth on the Site, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

(d) No Agency; Third-Party Beneficiary. The Company is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the Company and you.

(e) Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

(f) No Waiver. The Company’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provisions of these Terms.

ADDENDUM NO. 1

FAN SPONSORSHIP PACKAGES

STANDARD SPONSORSHIP PACKAGES

ADDENDUM NO. 2

Conditions to Paying Rebates:

Eligibility: Each Premium Level Sponsor, as detailed in Addendum No. 1 above, is eligible to receive a partial rebate of his or her sponsorship amount paid to Little Yim Corp. (the “Company”), only if he or she sponsors an Athlete who wins a tournament during the year of the sponsorship. The Company will decide, in its sole discretion, whether to pay any rebate, based on Company profitability, the number of Premium Package Sponsors for a given Athlete, that Athlete’s level of success in competition and such other factors as the Company considers relevant.
 

Amount: The rebate amount is subject to revision from time to time. It is currently $30 and will never be greater than the price of the sponsorship.

Payment:  Rebates will be paid after the end of the year of sponsorship and may be paid 1) in cash or 2) applied toward the next year sponsorship of the same or another Athlete.