Terms of Use
I. Terms of Use
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE YOOHOOT WEBSITE (“SITE”) AND ASSOCIATED SERVICES OR APPLICATIONS (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE OR USING OUR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, OFFERS, AND OTHER MATERIALS OR SERVICES ON THE SITE. USING THIS SERVICE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS SERVICE.
1. Acceptance of Terms
This Site is owned and operated by Yoohoot Media, Inc. (“Yoohoot”). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporates Yoohoot’s Terms of Sale, Privacy Policy, Yoohoot’s Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Yoohoot each of which is incorporated by reference and each of which may be updated by Yoohoot from time to time without notice to you.
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.
2. Equipment
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
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service, including, without limitation, any Content (defined below), is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Yoohoot or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- 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.
Yoohoot does not guarantee that any Content will be made available on the Site or through the Service. Yoohoot has no obligation to monitor the Site, Service, or Content. However, Yoohoot reserves the right to remove, edit or modify any Content in its sole discretion from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Yoohoot is concerned that you may have violated the Terms of Use), or for no reason at all.
4. Registration
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Yoohoot and select a password and screen name (“User ID”). You shall provide Yoohoot with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Yoohoot account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Yoohoot reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Yoohoot password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Yoohoot in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
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.
7. Termination
Yoohoot may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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.
9. Indemnification
You shall defend, indemnify, and hold harmless Yoohoot, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, or Content, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Yoohoot reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Yoohoot in asserting any available defenses.
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
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Yoohoot agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
12. Integration and Severability
The Terms of Use are the entire agreement between you and Yoohoot with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Yoohoot with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
13. Miscellaneous
Yoohoot shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Yoohoot’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference and lack of cellular coverage). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Yoohoot’s prior written consent. Yoohoot may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Terms of Sale
1. Overview
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 .
5. Contact
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
