yoomoot and Yoomootpro terms and conditions of use

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Introduction

Please read this Terms and Conditions of UseAgreement ("Agreement") carefully. It contains the legal terms andconditions that govern your use of services provided to users (bothregistered 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 providedthrough www.yoomoot.com and www.yoomootpro.com as well as all elements, software, programs andcode 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 canalso contact us at hello@yoomoot.com.

You agree that your use ofthe Service acknowledges that you have read this Agreement, understandit, and agree to be bound by this Agreement. Use of the Serviceincludes visiting the Yoomoot and Yoomootpro websites (the "Sites"). You further affirmthis Agreement if you register as a user of the Service with anaccount-name and password (becoming a "Member"). If you do not agree tobe 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 thisAgreement at our sole discretion and at any time without notice to you.Unless otherwise provided, the revised terms will take effect on thedate they are posted to the Sites. Once such changes becomes effectiveyour continued use of the Sites constitutes your acceptance of the newAgreement. If you disagree with the new Agreement, your sole andexclusive remedy is to discontinue use of the Sites.


Prohibited Conduct

By using Yoomoot you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legalrights (such as rights of privacy and publicity) of others;
• Makeunsolicited or inappropriate offers, advertisements or proposals forgoods, services or other commercial activities outside of Yoomoot, orsend junk mail or chain letters to other Users;
• Publish, post,distribute, or disseminate any defamatory, infringing, obscene,indecent, unlawful or objectionable material or information;
• Share Yoomoot-issued passwords with a third party or encourage another User to do so;
• Do anything which is in any way unlawful;
• Use Service features for anything other than their intended purpose, including exploiting site glitches for personal gain;
• Interfere with any security-related features of Yoomoot;
• Post or distribute Content that contains software or other materialprotected by intellectual property rights (or by rights of privacy ofpublicity) unless you own or control such rights or have received allnecessary consents;
• Make available, distribute or post anyContent that contains viruses, bugs, corrupted files, trojan horses,worms or any other software or programs that may in any way causedamage or harm;
• Delete any author attributions, legal notices,(including but not limited to copyright and trade mark notices) orproprietary designations or proprietary labels in any Content you post;
• Decipher, decompile, disassemble, reverse engineer or otherwiseattempt to derive any source code or underlying ideas or algorithms ofany part of Yoomoot, except to the limited extent applicable lawsspecifically prohibit such restriction;
• Falsify the origin or source of software or other material contained in Content you post;
• Unless expressly permitted, advertise or offer to sell any goods orservices or conduct or forward surveys, contests, or chain letters;
• Impersonate another person or create a false or inaccurate profile oruse a false name or a name you are unauthorised to use or create afalse identity or email address or try to mislead others as to theidentity or origin of any communications;
• Damage, interfere withor disrupt access to the Service or do anything which may interrupt orimpair the Service’s functionality;

Eligibility

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


Password

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


Proprietary Rights

• yoomoot does not claim any ownership of material posted by Users of theServices ("User Content"). You retain all ownership rights over allContent posted to Yoomoot.com. Content posted to Yoomootpro site is owned by the person.organization in whose name the Yoomootpro account is held, unless thatperson/organization states otherwise.
• By posting Content to www.yoomoot.com (but not Yoomootpro) yougrant Yoomoot a free, worldwide, indefinite, non-exclusive license touse, modify, publicly perform, publicly display, reproduce, anddistribute the Content. This license is necessary for Yoomoot toprovide the Service. It does not grant Yoomoot the right to sell yourposted Content or reproduce them outside of the Service.
• By posting Content to a Yoomootpro site you understand that the Contentbelongs to the person/organization in whose name the Yoomootpro account is held, unless thatperson/organization states otherwise.
• You represent and warrant that you have the right to grant the license described above for any Content you post to Yoomoot.
• You represent and warrant that any Content you post to Yoomoot does notviolate the publicity rights, intellectual property rights or privacyrights of any person. You agree to pay any fees, royalties or othermonies due to someone else on account of Content you have posted.
• The Service includes Content owned by Yoomoot. Yoomoot owns and retainsall rights in this Content. Yoomoot hereby grants you a revocable,non-sublicensable, limited license to display and reproduce thisContent (excluding software code), solely for your personal use inconnection with viewing Yoomoot.

yoomootpro pay accounts

• 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.
• 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.
• yoomootpro paid plans may be cancelled at any time without incurring an cancellation fee.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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 doesnot endorse the User Content and it does not necessarily reflect theopinions or policies of Yoomoot. Yoomoot makes no warranties, expressor 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 PartySites”). We have no control over the content of Third Party Sites andaccept no responsibility for them or for any loss or damage that mayarise from your use of them. Yoomoot does not necessarily approve of orendorse Third Party Sites. They are not monitored or checked. Youacknowledge that you access and use Third Party Sites from the Serviceat your own risk.


Moderation policy

Yoomootreserves the right, in its sole discretion, to remove any Content addedby a User (excluding private messages) which it deems objectionable orto restrict, suspend or terminate your usage of the Service. Yoomootmay do this with or without giving you prior notice. Yoomoot may at anytime remove or modify User Content posted to the Service which it deemsinappropriate. It is at the sole discretion of Yoomoot to judge what isinappropriate. Nonetheless, Yoomoot assumes no responsibility formaterial 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 theSites, are provided "as is," "as available, " and "with all faults." tothe fullest extent permissible by law, Yoomoot makes no representationor warranties or endorsements of any kind whatsoever (express orimplied) about: (a) the properties; (b) the content and software on andprovided through the properties; (c) the functions made accessible onor accessed through the properties; (d) the messages, content andinformation sent from or through the properties by users; (e) anyproducts or services offered via the Sites or hypertext links to thirdparties; and/or (f) the treatment of any information, content, materialor data transmitted by users to the properties; (g) security associatedwith the transmission of sensitive information through the propertiesor any linked site. Yoomoot does not warrant that the properties, anyof the properties' functions or any content contained therein will beuninterrupted or error-free; that defects will be corrected; or thatthe properties or the servers that make them available are free ofviruses or other harmful components.

Yoomoot does not warrant that your activities in connection withor use of the properties is lawful in any particular jurisdiction and,in any event, Yoomoot specifically disclaims such warranties to thefullest extent permitted by law. You understand that by using any ofthe features of the properties, you act at your own risk, and yourepresent and warrant that your access and activities are lawful inevery jurisdiction where you access or use the website, the services orthe content. Further, Yoomoot and its subsidiaries and affiliatesdisclaim, to the fullest extent permitted by law, any express orimplied warranties including, without limitation, noninfringement,merchantability, fitness for a particular purpose, and title.

Yoomoot or the directors, officers, employees, or otherrepresentatives of Yoomoot shall not be liable in any event for the useof the Sites or other properties, including, without limitation, thecontent and any errors contained therein. Where any jurisdictions limitor do not allow the disclaimer of implied or other warranties as setout above, the disclaimer may not apply to the extent the law of suchjurisdiction 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 ofuse, you understand and agree that Yoomoot further limits its liabilityin 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 andassociated individuals") be liable to you for any loss or damages ofany kind, including, without limitation, for any special, direct,indirect, incidental, exemplary, economic, punitive, or consequentialdamages that are directly or indirectly related to (1) the properties,the content, or your upload information; (2) the use of, inability touse, or performance of the properties or any of the content or featuresthereon; (3) any action taken in connection with an investigation byyoomoot or law enforcement authorities regarding your use of theproperties or content; (4) any action taken in connection withcopyright owners; (5) any errors or omissions in the properties’technical operation, even if foreseeable or even if Yoomoot andassociated individuals have been advised of the possibility of suchdamages whether in an action of contract, negligence, strict liabilitytort (including, without limitation, whether caused in whole or in partby negligence, acts of God, telecommunications failure, or theft ordestruction of the properties). Nothing in these terms of use limits orexcludes Yoomoot’s liability for: (a) death or personal injury causedby its proven negligence; (b) the tort of deceit; or (c) any liabilitywhich cannot be limited or excluded by law.

If any of these terms of use are determined to be illegal, invalidor otherwise unenforceable by reason of the laws of any state orcountry in which these terms of use are intended to be effective, thento the extent and within the jurisdiction in which that term isillegal, invalid or unenforceable, it shall be severed and deleted fromthese terms of use and the remaining terms shall survive and continueto be binding and enforceable.

Yoomoot and associated individuals are not responsible for anydamage to any user's computer, hardware, computer software, or otherequipment or technology including, without limitation, damage from anysecurity 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 othermalfunction.

Your access to and use of this the properties is at your risk. Ifyou are dissatisfied with the properties or any of the content, yoursole and exclusive remedy is to discontinue accessing and using theproperties 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, thedamages, if any, caused to you are not irreparable or sufficient toentitle you to an injunction preventing any exploitation of any website, property, product, program, television show, motion picture orother audio/visual content owned or controlled by Yoomoot or yourupload information, and you will have no rights to enjoin or restrainthe development, production, distribution, advertising, exhibition orexploitation of any Yoomoot web site, services, properties, product,program, music, television show, motion picture or other audio/visualcontent or your upload information or any and all activities or actionsrelated thereto.


Indemnity

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


Waiver

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


Governing Law

Youagree that the laws of the United Kingdom shall govern disputeinvolving Yoomoot, without regard to conflict of law provisions.

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


Headings

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