1. Acceptance of Terms
Yoohoot reserves the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you by updating this posting. Any changes are effective upon posting to this Site. You thus should visit this page periodically for changes. This Service is continually under development and changes in the Service may be made at any time. Yoohoot may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. If you disagree with the Terms, your sole remedy is to discontinue your use of this Service. Your continued use after a change has been posted constitutes your acceptance of those changes.
The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Yoohoot 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 such jurisdictions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Service and all charges related thereto. Yoohoot shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
3. End User Conduct
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Yoohoot’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Yoohoot or any third party; or
- impersonates any person or entity, including any employee or representative of Yoohoot.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Yoohoot in its sole discretion) an unreasonable or disproportionately large load on Yoohoot’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 Yoohoot may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run 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 limited 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.
5. Third Party Sites
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. These other websites are not under Yoohoot’s control, and you acknowledge that Yoohoot is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Yoohoot or any association with its operators. You further acknowledge and agree that Yoohoot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
6. Content and License
You agree that the Service contains Content specifically provided by Yoohoot or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Yoohoot grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify 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 expressly prohibited without prior written permission from Yoohoot, or from the copyright holder identified in such Content’s copyright notice. 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.
8. Warranty Disclaimer
Yoohoot has no special relationship with or fiduciary duty to you. You acknowledge that Yoohoot 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 Yoohoot 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. Yoohoot makes no representations concerning any Content contained in or accessed through the Site or Service, and Yoohoot 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.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOOHOOT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): YOOHOOT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Yoohoot will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Yoohoot’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
10. Limitation of Liability
IN NO EVENT SHALL YOOHOOT, 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.
11. Dispute Resolution
12. Integration and Severability
Terms of Sale
Yoohoot provides consumers with opportunities to purchase products and services from third party businesses (“Merchants”) at a discount with Mobile Coupons and Flash Offers. Yoohoot acts as a marketing agent on behalf of the Merchant for goods and services provided by the Merchant. In Mobile Coupon transactions, consumers make purchases directly from the Merchant and receive a discount according to the merchant-specified terms and conditions of the offer. The Merchant, not Yoohoot, is the provider of the Mobile Coupon and is solely responsible for honoring and redeeming any Mobile Coupon that you attempt to use. In the case of Flash Offers, you are pre-purchasing goods and services sold from the Merchant. When you purchase a Flash Offer, you agree to the terms and conditions below and any restrictions indicated by the Merchant including validity periods (e.g., 4pm – 7pm daily) and expiration dates (e.g., December 7, 2010). The Merchant, not Yoohoot, is the seller of the Flash Offer and the goods and services and is solely responsible for redeeming any Flash Offer you purchase.
2. How Flash Offers Work
When you decide to purchase a Flash Offer, Yoohoot will charge your credit card to reserve the offer for you. Once the Flash Offer purchase is complete, you will be provided with a unique Voucher on your mobile phone that you can redeem at the Merchant’s establishment. Depending on Merchant preferences, you may be required to enter a merchant-specific redemption code that is provided to you by the Merchant to complete the redemption process.
3. Terms and Conditions
The issuing of a credit is at the sole discretion of the Merchant unless otherwise required by applicable law. If credit is due, it will only be provided for the purchase price of the Flash Offer and not the promotional portion. No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher.
Neither Yoohoot nor the Merchant is responsible for lost or stolen Flash Offer Vouchers. Reproduction, sale or trade of a Flash Offer Voucher is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these terms & conditions will render the Flash Offer Voucher void to the extent permitted by law.
All purchases of Vouchers for dining establishments may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Merchant. Yoohoot’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Yoohoot has no role in such determination or action on the part of the Merchant.
4. Additional Terms and Conditions for All Yoohoot Flash Offers
The holder and issuer of a Flash Offer Voucher is the Merchant. As a holder and issuer of the Flash Offer Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Yoohoot and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Flash Offer Voucher or the goods and services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Flash Offer, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. The Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact Yoohoot in writing and Yoohoot will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from Yoohoot .
You may contact Yoohoot Media, Inc. at the following address: 24921 Dana Point Harbor Drive, Suite 120, Dana Point, CA 92629.
Effective Date: January 18, 2010