article:yoomoot and yoomootpro terms and conditions of use

Introduction

Please read this Terms and Conditions of Use Agreement ("Agreement") carefully. It contains the legal terms and conditions that govern your use of services provided to users (both registered and non-registered) of www.yoomoot.com and www.yoomootpro.com (collectively "you", "Users" and the "User") by yoomoot, including text, images, graphics, videos, data or other materials ("Content") and products and services provided through www.yoomoot.com and www.yoomootpro.com as well as all elements, software, programs and code forming or incorporated in to www.yoomoot.com and www.yoomootpro.com (the "Service").

The Service is operated by yoomoot LLP ("yoomoot, "us", "we" and "our") (Registered office at 45 Wood Lane, Nottingham, NG4 4AD; registered in England and Wales, registered number: OC345754). You can also contact us at hello@yoomoot.com .

You agree that your use of the Service acknowledges that you have read this Agreement, understand it, and agree to be bound by this Agreement. Use of the Service includes visiting the yoomoot and yoomootpro websites (the "Sites"). You further affirm this Agreement if you register as a user of the Service with an account-name and password (becoming a "Member"). If you do not agree to be bound by this Agreement do not use the Service and do not click the "sign up" button.


Privacy Notice

Use of the Service is also governed by our privacy policy , which is incorporated into this Agreement by this reference.


Modification of these Terms

We reserve the right to add, delete, change or modify parts of this Agreement at our sole discretion and at any time without notice to you. Unless otherwise provided, the revised terms will take effect on the date they are posted to the Sites. Once such changes becomes effective your continued use of the Sites constitutes your acceptance of the new Agreement. If you disagree with the new Agreement, your sole and exclusive remedy is to discontinue use of the Sites.


Prohibited Conduct

By using yoomoot you agree not to:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. Make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of yoomoot, or send junk mail or chain letters to other Users;
3. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, unlawful or objectionable material or information;
4. Share yoomoot-issued passwords with a third party or encourage another User to do so;
5. Do anything which is in any way unlawful;
6. Use Service features for anything other than their intended purpose, including exploiting site glitches for personal gain;
7. Interfere with any security-related features of yoomoot;
8. Post or distribute Content that contains software or other material protected by intellectual property rights (or by rights of privacy of publicity) unless you own or control such rights or have received all necessary consents;
9. Make available, distribute or post any Content that contains viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm;
10. Delete any author attributions, legal notices, (including but not limited to copyright and trade mark notices) or proprietary designations or proprietary labels in any Content you post;
11. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of yoomoot, except to the limited extent applicable laws specifically prohibit such restriction;
12. Falsify the origin or source of software or other material contained in Content you post;
13. Unless expressly permitted, advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters;
14. Impersonate another person or create a false or inaccurate profile or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
15. Damage, interfere with or disrupt access to the Service or do anything which may interrupt or impair the Service’s functionality;

Eligibility

You must be at least eighteen years of age to enter this agreement. If you are under eighteen years of age but not under 13 years of age a parent or legal guardian must supervise your entering into this Agreement. The parent/guardian must click the 'sign up' button on your behalf. If the parent/guardian does allow his/her child to enter the Agreement, the parent/guardian is fully responsible for the child's usage of the Service and for deciding what content, provided as part of the Service, is suitable for the child. If you are under 13 years of age you may not use the Service.


Password

You are responsible for maintaining the confidentiality of your password. You are solely responsible for all use of your account.


Proprietary Rights

1. yoomoot does not claim any ownership of material posted by Users of the Services ("User Content"). You retain all ownership rights over all Content posted to yoomoot.com . Content posted to yoomootpro site is owned by the person.organization in whose name the yoomootpro account is held, unless that person/organization states otherwise.
2. By posting Content to www.yoomoot.com (but not yoomootpro) you grant yoomoot a free, worldwide, indefinite, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute the Content. This license is necessary for yoomoot to provide the Service. It does not grant yoomoot the right to sell your posted Content or reproduce them outside of the Service.
3. By posting Content to a yoomootpro site you understand that the Content belongs to the person/organization in whose name the yoomootpro account is held, unless that person/organization states otherwise.
4. You represent and warrant that you have the right to grant the license described above for any Content you post to yoomoot.
5. You represent and warrant that any Content you post to yoomoot does not violate the publicity rights, intellectual property rights or privacy rights of any person. You agree to pay any fees, royalties or other monies due to someone else on account of Content you have posted.
6. The Service includes Content owned by yoomoot. yoomoot owns and retains all rights in this Content. yoomoot hereby grants you a revocable, non-sublicensable, limited license to display and reproduce this Content (excluding software code), solely for your personal use in connection with viewing yoomoot.

yoomootpro pay accounts

1. yoomootpro pay accounts are charged in 30-day cycles. The first 30 days are free. On the 31st day you will be charged. On the 61st day you will be charged again and so on.
2. If you are within your 30-day free trial period and do not wish to incur any future charges you must cancel the payment plan within 30 days (including the day of registration) of registering.
3. yoomootpro paid plans may be cancelled at any time without incurring an cancellation fee.
4. After a payment has been made, you cannot claim it back. We do not give refunds for any reason. There are no exceptions to this. You are solely responsible for managing and canceling your account.
5. To cancel a yoomootpro payment plan: log into the relevant yoomootpro site, e.g. somecompany.yoomootpro.com , click 'settings', click 'global account', click the 'change' button near 'payment plan', select 'deactivate' or 'delete' and then click 'save'. Note that you must be the keyholder for the account.
6. If you are on a free account and upgrade it to a pay account you do not receive a free trial period and will be charged immediately.
7. If you deactivate an account, then reactivate it, you do not receive a free trial period. A new billing period begins on the day you reactivate your account. You will be charged immediately after reactivating the account.
8. If you are on a pay account and upgrade to a higher-charging payment plan you will immediately be charged the difference between your current plan and your new plan for the remaining days of that billing period.
9. If you are on a pay account and downgrade to a free or a lower-charging payment plan you do not receive any discount.

Responsibility for User Content and conduct

You are solely responsible for the Content you post. yoomoot does not endorse the User Content and it does not necessarily reflect the opinions or policies of yoomoot. yoomoot makes no warranties, express or implied, as to the accuracy or reliability of any Content.

Yoomoot is not responsible for the conduct, online or offline, of any Users of the Service.


Third-Party Sites

The Service contains links to third party websites (“Third Party Sites”). We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. yoomoot does not necessarily approve of or endorse Third Party Sites. They are not monitored or checked. You acknowledge that you access and use Third Party Sites from the Service at your own risk.


Moderation policy

yoomoot reserves the right, in its sole discretion, to remove any Content added by a User (excluding private messages) which it deems objectionable or to restrict, suspend or terminate your usage of the Service. yoomoot may do this with or without giving you prior notice. yoomoot may at any time remove or modify User Content posted to the Service which it deems inappropriate. It is at the sole discretion of yoomoot to judge what is inappropriate. Nonetheless, yoomoot assumes no responsibility for material posted to the Service or for the conduct of Users.


Disclaimers of Warranties

The properties, including, without limitation, all content, software, and functions made available on or accessed through or sent from the Sites, are provided "as is," "as available, " and "with all faults." to the fullest extent permissible by law, yoomoot makes no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the properties; (b) the content and software on and provided through the properties; (c) the functions made accessible on or accessed through the properties; (d) the messages, content and information sent from or through the properties by users; (e) any products or services offered via the Sites or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the properties; (g) security associated with the transmission of sensitive information through the properties or any linked site. yoomoot does not warrant that the properties, any of the properties' functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the properties or the servers that make them available are free of viruses or other harmful components.

yoomoot does not warrant that your activities in connection with or use of the properties is lawful in any particular jurisdiction and, in any event, yoomoot specifically disclaims such warranties to the fullest extent permitted by law. You understand that by using any of the features of the properties, you act at your own risk, and you represent and warrant that your access and activities are lawful in every jurisdiction where you access or use the website, the services or the content. Further, yoomoot and its subsidiaries and affiliates disclaim, to the fullest extent permitted by law, any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.

yoomoot or the directors, officers, employees, or other representatives of yoomoot shall not be liable in any event for the use of the Sites or other properties, including, without limitation, the content and any errors contained therein. Where any jurisdictions limit or do not allow the disclaimer of implied or other warranties as set out above, the disclaimer may not apply to the extent the law of such jurisdiction is applicable to this agreement.

You agree that your use of the properties is entirely at your own risk.


Limitation of liability

Without limitation of anything else set forth in these terms of use, you understand and agree that yoomoot further limits its liability in connection with your use of the properties as set forth below:

Under no circumstances shall yoomoot or its directors, officers, employees, or other representatives (collectively, "yoomoot and associated individuals") be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the properties, the content, or your upload information; (2) the use of, inability to use, or performance of the properties or any of the content or features thereon; (3) any action taken in connection with an investigation by yoomoot or law enforcement authorities regarding your use of the properties or content; (4) any action taken in connection with copyright owners; (5) any errors or omissions in the properties’ technical operation, even if foreseeable or even if yoomoot and associated individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the properties). Nothing in these terms of use limits or excludes yoomoot’s liability for: (a) death or personal injury caused by its proven negligence; (b) the tort of deceit; or (c) any liability which cannot be limited or excluded by law.

If any of these terms of use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms shall survive and continue to be binding and enforceable.

yoomoot and associated individuals are not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

Your access to and use of this the properties is at your risk. If you are dissatisfied with the properties or any of the content, your sole and exclusive remedy is to discontinue accessing and using the properties or the content.

You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of yoomoot's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, television show, motion picture or other audio/visual content owned or controlled by yoomoot or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any yoomoot web site, services, properties, product, program, music, television show, motion picture or other audio/visual content or your upload information or any and all activities or actions related thereto.


Indemnity

You agree to indemnify and hold yoomoot, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal costs, made by any third party due to or arisng out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your warranties and representations set forth in this Agreement and/or if any material that you post to the Service causes yoomoot to be liable to another, provided this was caused by culpable conduct.


Waiver

The failure of yoomoot to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by yoomoot.


Governing Law

You agree that the laws of the United Kingdom shall govern dispute involving yoomoot, without regard to conflict of law provisions.

If you are public body, charity, partnership, limited company or sole trader or any other legal entity that is not a natural person, you agree to exclusive jurisdiction to the courts of England and Wales.


Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.