Acceptance of Terms
YOOSEND, Inc. (“yooSEND”) provides the Applications (as defined below), the related services (the “ yooSEND Services”), and the yooSEND websites at http://www.yoosend.com, http://www.yoosend.us, and http://www.yoosend.me (the “Sites”) to you subject to and conditioned upon your acceptance to the following Terms of Service (these “TOS”), which may be updated by yooSEND from time to time, with or without advance notice to you. You can review the most current version of these TOS at any time at http://www.yoosend.com/terms.
As used herein, the “Application” or “Applications” means the yooSEND application, the yooSEND application, or other applications released by yooSEND under any name and on any platform, including without limitation, iOS, Android and Windows Mobile; “you”, “yours” and “User” means the user of one or more Applications, the yooSEND Services and/or the Sites; “we”, “us” and “our” means yooSEND. These TOS are immediately effective upon your access to or use of any Application, the yooSEND Services and/or the Sites. If you do not agree to these TOS, you are required to immediately stop all use of and access to all Applications, the yooSEND Services and the Sites.
You represent that you are of legal age to agree to these TOS and to form a binding contract with us, and that you are not a person barred from receiving, accessing or using any Application, yooSEND Services and/or Sites under the laws of the United States or other applicable jurisdiction. In addition, you affirm that you have not been previously suspended or removed from the Applications, yooSEND Services and/or Sites.
You are responsible for maintaining the confidentiality of personal or confidential information residing on your computer, mobile phone, tablet or other consumer electronic device (“User Devices”), and are fully responsible for all activities that occur through your User Devices and through your use of any Application, yooSEND Services and/or Sites. You agree to immediately notify us of any unauthorized use of any Application, yooSEND Services and/or Sites or any other breach of security that you become aware of.
You agree that you will not:
•Transmit any Content that you do not have sufficient rights to transmit or for which transmission by you would constitute infringement of third party intellectual property rights or other rights;
•Reverse engineer or decompile any Application, yooSEND Services and/or Sites, nor attempt to do so, nor assist anyone else to do so;
•Violate any laws, third party rights, or any of your obligation under these TOS;
•Engage in unlawful multi-level marketing, such as a pyramid scheme;
•Transmit unauthorized commercial Content or commercial communications or any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
•Collect Content or information about any third party or us, or otherwise access any Application, yooSEND Services and/or Sites using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express advance written permission;
•Use any Application, yooSEND Services and/or Sites to collect Content from users without our express advance written permission;
•Do anything that could disable, overburden, or impair the proper operation of any Application, yooSEND Services and/or Sites, including without limitation, a denial of service attack;
•Facilitate or encourage any violations of these TOS; and
•Use our Content or intellectual property (including without limitation, our trademarks and logos), or any confusingly similar trademarks or logos, without our prior written permission.
•Transmit information, images, photos, videos, files, personal or technical data, or any other type of information or content (collectively, “Content”) which is false, inaccurate, misleading, defamatory, libelous, or otherwise unlawful;
•Transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage, slow or otherwise interrupt the operation of any Application, yooSEND Services and/or Sites, or another’s computer, device, data or property, or transmit any other harmful code or technology;
•Bully, intimidate, or harass any User or member of the public;
•Do anything fraudulent, unlawful, misleading, malicious, or discriminatory in using any Application, yooSEND Services and/or Sites;
•Engage in any unruly, disruptive, unprofessional, or offensive conduct;
Our license to you is automatically revoked if you violate these TOS. We may, without advance notice to you, remove and/or block your access to any Application, yooSEND Services and/or Sites or block transmission of any Content or information at our sole discretion, including without limitation, if we believe it breaches the above representations or covenants. All judgments concerning the applicability of the above terms to your activity shall be at our sole and exclusive discretion.
Consent to Electronic Communications, Transmissions, Storage and Solicitation
We may send you communications or data regarding any Application, yooSEND Services and/or Sites, including, without limitation, (i) notices about your use of any Application, yooSEND Services and/or Sites, including without limitation any notices concerning your use or violations of applicable terms and conditions, (ii) updates and bug fixes, and (iii) promotional information and materials regarding our or third party products and services, via any Application, yooSEND Services and/or Sites, or via electronic mail if you provide us your email address (such as sending us a message regarding an Application). In order to use any Application, yooSEND Services and/or Sites, you hereby grant permission to us to access and utilize your location information, data on your device, such as your address book, photos and photo metadata and calendar information, and the processor, storage and bandwidth of your User Device and network and other information about your usage experience (collectively, “User Data”). As between you ans us, we own all right, title and interest in and to all User Data and you hereby assign all right, title and interest you may have in or to such User Data to us. You understand and agree that User Data may be sent by your User Device or collected by us even when any Application is not active on your User Device. You acknowledge and agree that the processing and transmission of any Application, yooSEND Services and/or Sites, including without limitation, your user content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge and agree to interstate data transmissions.
By using any Application, yooSEND Services and/or Sites you provide us with Content. You retain full ownership to your Content. These TOS do not grant us any rights to your Content except as set forth in these TOS in connection with our Applications, yooSEND Services and/or Sites.
We may use your Content to operate the Applications, yooSEND Services and/or Sites, for example, by hosting your Content, sharing them at your direction and displaying them. This includes product features visible to you, for example, image thumbnails or previews. It also includes design choices we make to technically administer the Applications, yooSEND Services and/or Sites. You hereby grant to us a nonexclusive worldwide license to use your Content in connection with the Applications, yooSEND Services and/or Sites. This license also extends to third party partners we work with, for example, Amazon or advertising partners.
Limited License to You
Subject to the terms and conditions of these TOC, we hereby grant you a limited non-exclusive non-sublicensable nontransferable license solely to use the Applications, the yooSEND Services and/or the Sites for personal use (and for no commercial or other purpose) and only for the intended purpose of such Applications, yooSEND Services and/or Sites. We reserve all rights, title and interests in and to all intellectual property in or to the Applications, the yooSEND Services and/or the Sites, and except as set forth in the preceding sentence, no right, title and interest to such intellectual property is granted to you, explicitly, by implication, estoppel or exhaustion, or otherwise.
yooSEND respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.
If you believe in good faith that Content transmitted through any Applications, the yooSEND Services and/or the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the Content or block access to it. Please provide the following information: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the specific copyrighted work that you claim has been infringed upon; (iii) information reasonably sufficient to permit us to locate the copyrighted work; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We have the right to transmit the notification to the User who has transmitted or received the allegedly infringing material, and to transmit any counter-notification to the complaining party.
We reserve the right to delete or disable Content alleged to be infringing and to terminate repeat infringers. Our designated agent for notices and counter notices is:
Limitation on Liability; Indemnity
The Applications, yooSEND Services and Sites ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, including any WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. yooSEND will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results directly or indirectly from your access to or use of the Applications, yooSEND Services and/or Sites. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL yooSEND, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT yooSEND HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF yooSEND, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS FOR ALL CLAIMS RELATING TO the Applications, yooSEND Services and/or Sites SHALL NOT EXCEED THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO YOOSEND FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to indemnify, defend and hold harmless yooSEND, its affiliates, officers, employees, agents, suppliers and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) any Content you submit, post, transmit, distribute, publicize or otherwise make available through any Application, the yooSEND Services and/or the Sites or (ii) any of your actions or omissions when using any Application, the yooSEND Services and/or the Sites. We reserve the right to assume, at our sole expense and discretion, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses, such cooperation to be at your expense.
Third Party Links
The Applications, yooSEND Services and/or Sites may contain links to third party websites, products, services or resources. yooSEND does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites, products, services or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these TOS, in which case the open source provisions will apply.
These TOS are terminable at any time by either party. If you terminate these TOS, you agree to no longer access or use any Application, the yooSEND Services or Sites and you must delete all copies of all Applications from all User Devices in your possession. Should you choose to re-access any Application, the yooSEND Services and/or Sites in the future, your use will be deemed as your acceptance of the TOS in effect at the time when you re-access the Applications, the yooSEND Services and/or Sites.
We reserve the right to suspend or end your access to or use of the Applications, the yooSEND Services and/or Sites at any time, with or without cause, and with or without notice.
Miscellaneous Legal Terms