Introductory paragraph: The introduction defines who we are, who you are, and states that your use of the Service constitutes acceptance of the Agreement.
Access to the Services: This section defines what the Service is, and explains that we may change the features of the Service (or the terms of this Agreement) at any time. It also outlines the basic requirements of using the Service, which include being 13 or older, and promising to only provide us with true and accurate information.
Your Warranty and Restrictions: These sections describe things that you are not allowed to do. This includes reverse engineering our code, doing anything with the Service that is illegal or malicious (like posting content that doesn’t belong to you, or harassing someone), or violating someone else’s rights.
Warranty Disclaimer: We don’t make any warranties about the Service, including whether it will meet your expectations of how it should work. Much of this section is in capital letters because it’s important you read and acknowledge it.
Registration and Security: You have to register with us in order to access all of our features; this section explains how to pick an appropriate user name (hint: don’t use someone else’s name!).
Indemnity: You’re responsible for your use of the Service, and you have to make sure you don’t use it in a way that violates the Agreement or anyone’s rights. This section requires you to indemnify Company and MasterCard in case we or MasterCard suffers any losses arising out of your use of the Services (or the use of the Services by someone else who is using your account).
Limitation of Liability: This section outlines the limits of our liability. The greatest liability that we may have to you for any claim you might bring against us is the greater of (a) $100, or (b) if you paid us anything for the Service, the amount you paid us for the year preceding the claim. Like the warranty disclaimer, we put this section in all capitals because it’s important that you read and acknowledge it. Also, MasterCard shall have no liability to you in connection with your use of the Service.
Gifts and Pricing; Fees and Payment; Terms of Sale: These sections explain what Yiftee actually does! We offer “Gifts”you can purchase for your friends, to be redeemed at local merchants within a short time period after purchase (though in some cases, there is no time period limitation). There are restrictions on how you can purchase and redeem Gifts, so please read this section carefully before you buy anything. Also, while many aspects of the Service are currently free (like the App we offer), we reserve the right to charge additional fees in the future (though we’ll tell you beforehand if we are going to do this).
Third Party Websites: Our Service contains links to other websites, and you may interact with various people and businesses as a result of using the Service. However, this section explains that we are not responsible in any way for third party websites or services, or what happens as a result of your interaction with those people and businesses we just mentioned.
Termination: We can terminate your ability to use our Service at any time, and you can stop using the Service whenever you want. Certain sections of the Agreement will survive the termination of your use of the Service.
Miscellaneous: These are a bunch of terms that didn’t fit anywhere else, including that if you breach the Agreement and we don’t do anything about it, that doesn’t mean we won’t (or that we can’t) do something about it in the future, and that the Agreement cancels out all others we might have had with you in the past regarding the Service. In case we ever need to enforce the Agreement, it will be governed by California law, and any disputes will be settled by arbitration in Santa Clara County, California.
Copyright Dispute Policy: If someone alerts us that something we have on our Service might infringe their copyright, this section outlines what we’ll do in that situation. It also explains how to get in touch with us if you think something on the Service infringes your copyright.
Apple Device and Application Terms: If you’re accessing the Service through an Apple App, Apple requires us to pass along a number of terms to you, which are found in this section.
Again, the actual legally binding document starts below. Everything above is just an explanation, doesn’t summarize every single term of the Agreement, and isn’t part of the Agreement.
1. ACCESS TO THE SERVICES. The yiftee.com website and domain name and all other websites and domain names affiliated with Company, and any other linked pages, features, content, or applications offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services or applications, as described more fully on the Website, and which are selected by you through the process provided on the Website (together with the Website, “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services”shall include, without limitation, any service Company performs for you and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services (or any portion or aspect thereof) at any time, including the availability of any feature, database, application or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are 18 years of age or older or, if you are between the ages of 13 and 18, you have parental permission to access, register with and use the Website and Services (and both you and they understand that you are forming a binding a contract by doing so); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2. WEBSITE CONTENT. The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Company’s prior written consent.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any Content (including without limitation, any User Submission) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, 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 Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. This information includes for example the contact information such as email address or phone number used to deliver Gifts to a Gift recipient.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam”on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl”or “spider”any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
5. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; 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 Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS”without any warranty of any kind from Company or others unless, with respect to others only (and not with respect to Company), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS”BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you are required to register with Company and select a password and provide your legal name, which will be used as your Website user name (“Company User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), we may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) have more than one Company User ID. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third-party account credentials to us, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
8. INDEMNITY. You will indemnify and hold Company and MasterCard and each of their parents, subsidiaries, affiliates, officers, and employees, respectively, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity..
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF (A) FEES PAID BY YOU TO COMPANY UNDER THIS AGREEMENT, OR (B) $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MASTERCARD AND/OR ITS SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF, OR THE ABILITY OR INABILITY TO ACCESS AND USE THE YIFTEE SERVICE. TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF MASTERCARD OR ITS SERVICE PROVIDERS, COLLECTIVELY, IN RELATION TO ANY TRANSACTION IS LIMITED IN THE AGGREGATE TO ZERO DOLLARS ($0). 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.
10.1 Company allows you to purchase gifts (“Gifts”) through the Website from certain merchants (“Merchants”), and then give virtual vouchers for such Gifts to your friends or other connections (“Recipients”) via social networking websites (such as Facebook), or by email, text message or the Service (“Vouchers”). Recipients can redeem their Vouchers for products or services at Merchants’places of business, as further explained below.
10.2 To get started sending Gifts, you need to create a Yiftee account, and choose the Recipient. You tell Yiftee where the Recipient is located, and Yiftee displays Gifts available from nearby “Featured”Merchants (those that have an existing relationship with Yiftee) as well as other Merchants in that area (with whom Yiftee has no relationship, and whom you may suggest Yiftee to ‘feature’). The types of Gifts available to you (i.e., Specific Gifts versus General-use Gifts, each as defined below) may differ depending on if a Merchant chooses to offer Specific Gifts or not. A “Specific Gift”is a Gift for which the applicable Voucher (a “Specific Voucher”) must be redeemed by the Recipient solely for a single specified item from a Merchant at a specified location, and may not be redeemed incrementally or for anything other than that item (except for Substitute Gifts as described in Section 10.6 below). A “General-use Gift”is a Gift for which the applicable Voucher (a “General-use Voucher”) may be redeemed by the Recipient for publicly-available products or services offered by the specified Merchant at the specified location at the time of redemption, up to the value stated on the General-use Voucher. In many cases, a Voucher will be provided to a Recipient as a multi-use Virtual Gift Voucher, Redemption by MasterCard and designated as such, or as a multi-use prepaid gift card and designated as such (a “Gift Card”). Notwithstanding anything to the contrary, though a Gift purchaser may indicate that it wishes that the Recipient use a Specific Voucher for the product or service specified at a particular Merchant, or use a General-use Voucher for products and services from a particular Merchant, the purchaser and the Recipient understand and agree that once Recipient “Accepts”the Gift (a) if a Voucher is provided in the form of a Virtual Gift Card, it may be redeemed only at the designated merchant, for any products or services that merchant offers, and (b) if a Voucher is provided in the form of a Gift Card, it may be redeemed at the particular specified Merchant, for any products or services that Merchant offers. Also, upon initial receipt of a Voucher, before the Recipient “accepts”such Voucher, Yiftee may provide the Recipient with the option of exchanging such Voucher for a Virtual Gift Voucher or a Gift Card available on the Services, in either case of equal value to the original Gift Value. Recipient may also donate the value of the Gift Voucher to Company’s designated charity prior to “accepting” said voucher.
10.3 Once you’ve chosen a Gift to give to a Recipient, you can pay for it with any credit card designated as an approved type on the Yiftee payment web page. As a Gift purchaser, the price to you of the Gift will be the amount for which the applicable Gift Voucher may be redeemed by the Recipient (the “Gift Value”), plus a small non-refundable delivery fee (“eDeliveryFee”). The Recipient will be notified that you gave him or her a Gift, via Facebook or other third party site or service, or by email, text message, Twitter or the Service. In order to redeem the applicable Voucher, the Recipient must have a smart phone that can access the Internet, or must download the Yiftee application available from the Apple App Store or the Android App Store, or otherwise display the Voucher, e.g., by printing it. The Recipient goes to the Merchant’s place of business (with his or her mobile phone or facisimile of the Voucher) to redeem his or her Voucher for the applicable Gift. If a Recipient attempts to redeem a Voucher for an amount that exceeds the Gift Value, please note that the transaction will not go through.
10.4 Company places “use by”dates on Gift Vouchers (except for Gift Cards), which will be noted at the time of purchase and when the Recipient receives the Gift. At present, the “use by”date is generally ninety (90) days after a Gift has been presented to the Recipient, although Company reserves the right to (a) change its general “use by”date at any time or (b) set longer or shorter “use by”periods for certain Gifts. If a Voucher has been unredeemed or partially redeemed but there is any portion of Gift Value remaining in such Gift as of the “use by”date, the remaining, unredeemed portion of the Gift Value will be refunded to the purchaser (via credit to the purchaser’s Yiftee account, that can be used to purchase other Gifts); if you are a purchaser of a Gift and would prefer to receive a refund by check rather than a credit to your Yiftee account, please contact us at email@example.com. If a Gift has not been redeemed and has not been selected for viewing at all prior to the “use by”date (i.e., no portion of the Gift Voucher has been redeemed by Recipient), Recipient may be given the option of asking Yiftee to donate the Gift Value to charity. If the Recipient does not elect this donation option, the Gift Value will be automatically refunded to the purchasing user in cash or credit, pursuant to the preference indicated in the manner described above. Again, please note that eDelivery Fees, where applicable, are not refundable in most cases. Gift Cards do not have “use by”dates. An eDelivery Fee may be refunded to the gift giver if the gift has never been viewed in any way by the gift recipient, solely at the determination of Yiftee.
10.5 Some Specific Gifts may be admission tickets to one-time events. Specific Vouchers for these Specific Gifts can only be redeemed on or during the applicable date or dates (“Ticket Validity Date(s)”), and the purchaser will not receive any refund or credit from a Merchant or from Company if the Recipient does not redeem such Specific Voucher on or during the appropriate date or dates, nor will the Recipient be given the option to donate any amount of such Specific Gift to charity. Such Specific Voucher will be considered “redeemed”as of the Ticket Validity Date (if the Ticket Validity Date is a range of time, it will be considered “redeemed”as of the last date in that range). If a Specific Gift is a one-time admission ticket, such term will be noted at the time of purchase.
10.6 Some Gifts are available in limited quantities. You acknowledge that some Gifts advertised on the Website may not be available for purchase or redemption, due to Merchant-set limits, or other factors. Yiftee reserves the right to cancel any unredeemed Voucher (except Gift Cards) at any time before redemption; provided, however, that upon such cancellation, the Gift Value (not including eDelivery Fee) of the cancelled Gift will be refunded to the purchaser in cash or in credit to the purchaser’s Yiftee account (pursuant to the preference indicated in the manner described in Section 10.4), and a notification may be sent to the purchaser and the Recipient informing them of the cancellation. Company does not guarantee that any Gift viewable on the Website is available for purchase, until you select that Gift and complete the check out and payment process. If a Specific Gift is unavailable at time of pickup, Merchant can ask Recipient to return at a later date (before the “use by”date) for a “raincheck”on the Specific Gift, or can offer Recipient a substitute, similar product of equal or lesser value (a “Substitute Gift”), or Recipient can decide not to redeem the Specific Voucher, in which case, after the “use by”date for such Specific Gift passes, the unredeemed Specific Voucher will be treated as described in Section 10.4. Notwithstanding anything to the contrary, a Recipient may agree with the applicable Merchant to redeem the applicable Specific Gift Value for a Substitute Gift other than the Specific Gift specified (provided the charge(s) therefore do not exceed the Specific Gift Value).
10.7 Gifts cannot be combined with any other coupons or promotions, unless otherwise noted; and cannot be used for prior balances, shipping or handling. Unless otherwise stated at the time of Gift purchase, the price of the Gift includes sales, value added, or use taxes. Any tips Recipient chooses to give to the Merchant in connection with redemption of a Voucher are not included in the purchaser price, and Recipient may use his or her discretion in giving tips. In no case may a Voucher be used for tipping or other portion of a bill that is not paid for at the time of presentation of the Voucher to the Merchant.
11. PRICING; FEES AND PAYMENT; TERMS OF SALE.
11.1 Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with products purchased by you through the Website. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
11.2 The Merchant, not Company, is the seller of the goods and services and is solely responsible for redeeming any Gift you purchase.
11.3 The terms of redemption for each Gift may vary from Merchant to Merchant, and any restrictions that apply to the use or redemption of such Gift will be noted at the time of purchase. Gifts are void where prohibited by law.
11.4 Merchant, not Company, is solely responsible for any and all damages, claims, losses, and costs suffered by you in connection with the redemption of any Gift. Merchant, not Company, is responsible for the quality and fitness of all goods and services that a Recipient receives when redeeming a Gift.
11.5 Compliance with statutes or codes relating to the redemption of Gifts is the responsibility of the Merchant, not Company. Such limitations may or may not be noted at the time of purchase. You understand and agree that Merchant may refuse to redeem a Gift where such redemption would be unlawful (e.g., if you are a minor and attempt to redeem a Gift for an alcoholic beverage).
11.6 Duplicate use, reproduction, sale, or trade of a Gift is prohibited unless done in compliance with applicable law. Any attempted redemption of a Gift not consistent with this Agreement is void.
11.7 All Gift purchases are non-refundable, except as expressly set forth herein.
11.8 If you have not used credit in your Yiftee account (that was refunded to you, as a purchaser, as a result of unredeemed Gift Value) for a certain period of time after it was refunded to you, applicable law may require Yiftee to remit some or all of such credit to the state in which you are located or the state in which Yiftee is incorporated. Accordingly, please remember to use such credit in a timely manner. You release Yiftee from all liability in connection with its compliance with such laws.
12. THIRD PARTY WEBSITES. The Services may contain links to third party websites that are not owned or controlled by Company, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect”functionality. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals (including without limitation Merchants) found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
13. TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. Company may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. You may lose the ability to access and/or use any Gifts or refunded credit in your Yiftee account if your account is terminated.
14. MISCELLANEOUS. 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. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise”interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. You agree that MasterCard is a third party beneficiary of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined 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 Streamlined Arbitration Rules and Procedures of JAMS. 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 located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
15. COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: Donna Novitsky, CEO; Yiftee, Inc. 565 Middlefield Rd, Building 100, Menlo Park, CA 94025; phone (650) 564-4438; email donna@ yiftee.com.
APPLE DEVICE AND APPLICATION TERMS. In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a Company application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
15.1 Both you and Company acknowledge that this Agreement is concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
15.2 The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
15.3 You will only use the Application in connection with an Apple device that you own or control;
15.4 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
15.5 In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
15.6 You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
15.7 You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
15.8 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
15.9 Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
15.10 Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
15.11 In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
16. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at (650) 564-4438 or firstname.lastname@example.org
Effective: December 10, 2012
Updated: August 14, 2013
Updated: November 10, 2013
Updated: November 11, 2014