Terms of Use
These terms of use (the "Terms of Use") govern your access to and use of oyoyovolleyball.com (the "Site"), a pre-launch website for oYoYo, a premium women's volleyball apparel brand (beach and indoor). At this stage, the Site consists of a single page where you may sign up to receive email updates ahead of our full launch. The Site does not currently sell any products, process payments, or offer any account, membership, league, or app functionality. These Terms of Use will be updated — including with sales, shipping, return, and payment terms — before our online store launches.
These Terms of Use are an agreement between OYOYO Volleyball Limited Partnership, a British Columbia limited partnership, acting by its general partner, VOVOMO GP Inc. ("oYoYo," "we," "us," or "our"), and you. The term "you" or "User" refers to the person browsing or using the Site.
These Terms of Use may be available in languages other than English. To the extent of any inconsistency or conflict between these English Terms of Use and a version available in another language, the most current English version of these Terms of Use, located at https://oyoyovolleyball.com/terms, will prevail. Any disputes arising out of these Terms of Use will be resolved in English unless otherwise determined by us (acting in our sole discretion) or as required by applicable law.
BY USING THE SITE IN ANY WAY, INCLUDING BY SUBMITTING YOUR EMAIL ADDRESS, YOU (A) REPRESENT THAT YOU MEET THE AGE REQUIREMENTS SET OUT IN SECTION 2, AND (B) AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SITE.
1. Changes to These Terms of Use and the Site
We may change these Terms of Use at any time. When we do, we will post the updated Terms of Use on the Site and update the "Last updated" date above. Your continued use of the Site after a change is posted means you accept the change. We may also change or discontinue the Site, in whole or in part, at any time and without notice, including to launch new features such as an online store.
2. Eligibility and Age Requirements
The Site is intended for visitors age 13 and older. By using the Site, you represent that you are at least 13 years old. If you are between the ages of 13 and 17, we encourage you to review these Terms of Use, and our Privacy Policy, with a parent or guardian before providing your email address.
If you are located in Quebec and are under the age of 14, a parent or guardian must provide consent on your behalf before you may use the Site, as required by Quebec's Act respecting the protection of personal information in the private sector.
3. Email Sign-Up and Marketing Consent
If you submit your email address on the Site, you will be asked to separately opt in to receive marketing emails from us by checking an unticked consent box — consent is never pre-selected. Our collection and use of the information you provide is described in our Privacy Policy, which is incorporated into and forms part of these Terms of Use. You may withdraw your consent and unsubscribe at any time using the link included in every marketing email we send, in accordance with Canada's Anti-Spam Legislation (CASL) and, for recipients in the United States, the CAN-SPAM Act.
4. Intellectual Property
The name OYOYO, and all related trademarks, logos, brand elements, and other content appearing on the Site (collectively, the "Content"), are the property of OYOYO Volleyball Limited Partnership or its licensors, and are protected by applicable intellectual property laws. Nothing in these Terms of Use grants you any right to use the Content, including for commercial purposes. You may not copy, reproduce, modify, distribute, or create derivative works from the Content without our prior written consent.
5. Acceptable Use
When using the Site, you agree that you will not, and will not attempt to:
- interfere with or disrupt the Site or any servers or networks connected to it;
- attempt to gain unauthorized access to the Site or any related systems;
- use any automated means (bots, scrapers, or similar tools) to access or collect data from the Site;
- submit any false, misleading, or fraudulent information, including about your age;
- transmit any virus, malware, or other harmful code through the Site; or
- use the Site for any unlawful purpose or in violation of these Terms of Use.
6. Third-Party Services
The Site is hosted using Cloudflare, Inc., and email sign-ups are processed using Klaviyo, Inc. Your use of the Site may be subject to those providers' own terms and privacy practices, in addition to these Terms of Use. As described in our Privacy Policy, we may in the future use additional third-party services, including analytics and advertising platforms.
7. No Warranty; Disclaimer
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES, AND WE DO NOT GUARANTEE ANY PARTICULAR LAUNCH DATE FOR OUR ONLINE STORE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OYOYO AND ITS AFFILIATES (INCLUDING VMO LIMITED PARTNERSHIP), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES — IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. Indemnification
You agree to defend, indemnify, and hold harmless oYoYo and its affiliates, and their respective officers, directors, partners, employees, and agents, from and against any claims, losses, damages, or expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms of Use; (b) your violation of any law or third-party right; or (c) your misuse of the Site, in each case except to the extent prohibited by applicable law.
10. Third-Party Links
The Site may link to third-party websites or social media pages (such as our Instagram or TikTok accounts). We do not control and are not responsible for the content, policies, or practices of any third-party site. Accessing a third-party site is entirely at your own risk.
11. Termination
We may suspend or terminate your access to the Site at any time, in our sole discretion, including if we believe you have violated these Terms of Use. You may stop using the Site, and unsubscribe from our email list, at any time.
12. Governing Law and Disputes
Except as restricted by applicable law, these Terms of Use are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, excluding Quebec, without regard to conflict-of-law principles, and you consent to the exclusive jurisdiction of the courts of British Columbia for any dispute arising out of or relating to the Site or these Terms of Use; provided that nothing in these Terms of Use limits rights you have under mandatory consumer law where you live.
If you have a concern about how we have adhered to these Terms of Use, please contact us using the information below and we will do our best to address it.
13. General Provisions
Entire Agreement. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Site.
Severability. If any provision of these Terms of Use is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms of Use will not be considered a waiver of that provision.
Assignment. You may not assign these Terms of Use without our prior written consent. We may assign these Terms of Use, including to VMO Limited Partnership or another affiliate, without notice to you.
14. Contact
OYOYO Volleyball Limited Partnership, by VOVOMO GP Inc., its General Partner
21 Water St., Vancouver, BC V6B 1A1
General inquiries: hello@oyoyovolleyball.com
Privacy-related requests: privacy@oyoyovolleyball.com