Terms of Service
This Agreement supersedes any prior or future Agreement to which you and Yoofers.com may be bound with. This Agreement may be amended or modified by Yoofers.com in its sole discretion at any time and as often as deemed needed. Modifications to this Agreement or any policies will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies.
YOU UNDERSTAND THAT BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SERVICES OR YOUR YOOFERS.COM ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS TOTALITY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS.
Acceptance of Terms
The Platform reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Platform may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Summary of Service
Yoofers is a platform where some users ("Yoofer Creators") create fundraising campaigns (“fundraising campaign”, “projects” or “Yoofers”) to fund an item from Amazon.com (“desired item”) by raising money from other users (“Pledgers”) and receiving a digital Amazon gift card from Yoofers.com (“Amazon gift card” or “digital Amazon gift card”, or “reward”), if, and only if, the Yoofer Creator manages to reach his target (“Monetary Target”) before the set deadline. Yoofer Creators, Pledgers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to add, distribute, facilitate the distribution of, collect, create, upload, contribute, submit, post, or make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users. The Service makes available various content, including, but not limited to, videos, images, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
The Service is offered only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). The Platform reserves the right to request for proof of age from you and your account may be suspended until satisfactory verification of age is provided. You represent and guarantee that you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate, truthful, current, and complete. You also agree to regularly update all information provided as often as necessary. The Platform may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
You agree not to use the Service for any motive that is forbidden by the Terms of Service or law. The Service is delivered only for your individual and personal, non-commercial use. You are accountable for all of your activity in relation with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to damage, limit, disrupt, or hinder the proper function of any software, hardware, or telecommunications equipment or to harm or obtain unauthorized access to any system, data, password, or other information of any third party or the Platform;
- Disregards any trade secret, copyright, patent, trademark, right of publicity, or other right of any other individual or entity, or violates any law or agreement;
- Comprises unsought or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- You know is false, misleading, deceptive, distorted or inaccurate;
- Is illegal, harassing, derogatory, libelous, profane, threatening, abusive, fraudulent, tortious, obscene, offensive, disrespectful, or invasive of another's privacy;
- Impersonates any being or entity, including, but not limited to, any employee or representative of the Platform; or
- Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Platform in its sole discretion) an unreasonable or disproportionately large load on the Platform’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Platform may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
As a condition of using certain aspects of the Service, you may be required to register with the Platform. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account. You shall not use as an email, any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Platform reserves the right in its sole discretion to refuse registration of or cancel an account or Yoofer. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Platform in writing of any unauthorized use of your account, or other known account-related security breach.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Platform's control, and you acknowledge that the Platform is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Platform. You further acknowledge and agree that the Platform shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Platform and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Platform grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Platform, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOOFERS.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. YOOFERS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOOFERS.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOOFERS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. The Platform has no special relationship with or fiduciary duty to you. You acknowledge that the Platform has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Platform from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Platform makes no representations concerning any Content contained in or accessed through the Site, and the Platform will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
Limitation of Liability. Under no circumstances will the Platform be liable to you for any incidental, consequential, special, or unexpected damages in connection with your use of this Website, site-related services, site content and User submissions including, without limitation, injury or damages resulting from User conduct, whether online or offline, for loss of principal or earnings. The Platform will not be liable for the results of any interruptions or errors relating to the site, site-related services or the scheduled or unscheduled service interruptions of any third party payment service. IN NO EVENT SHALL THE PLATFORM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Electronic Delivery/Notice Policy and Your Consent By using the Services, you consent to receive from the Platform all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. The Platform may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site and Services.
Yoofers.com reserves the right to send you occasional emails to inform you of important notices related to your account, as well as product updates and promotional announcements.
Emails communicating important notices related to your account are important to ensure problems are addressed in a timely manner and cannot be unsubscribed from at this moment. If you strongly feel about not receiving these types of emails, please contact us at firstname.lastname@example.org.
You may unsubscribe from emails related to product updates and promotional announcements at any time by clicking on the unsubscribe link. Once you have unsubscribed, your email from the Yoofers.com email list, you will no longer receive future emails about product updates and promotional announcements to the email address you unsubscribed from.
If one or more provisions of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
Please contact us at email@example.com with any questions related to this Agreement.
Last Updated: December 1st 2012