Acceptable Use Policy

Yokaboo maintains this Acceptable Use Policy ("AUP") to provide users ("You" or "Your") of its hosting services and Yokaboo’s various systems and network (the " Services") in providing you with an interactive store on which you offer your or a third party’s products or services (“your Store”) with information relating to your use of our site at www.yokaboo.com (the " Yokaboo Site").

Yokaboo may amend this Acceptable Use Policy at any time by posting the amended AUP on the Yokaboo Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Yokaboo Site. Your continued use of Yokaboo Services will constitute your acceptance of any changes or additions to this Acceptable Use Policy.

Scope and Application of AUP

This AUP forms an integral part of the Merchant User Agreement (as posted on the Yokaboo Site and amended from time to time). Your compliance with, and cooperation in Yokaboo’s enforcement of this AUP is an important condition to your continuing contractual rights to use the Services.

This AUP is not intended to address all possible unacceptable uses of the Services. As a result, Yokaboo reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your access to the Services, or take such other action as Yokaboo deems appropriate in its sole and exclusive discretion.

Lawful Purpose

You may use the Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Services to facilitate, or otherwise assist others in the violation of any law or regulation.

Prohibited Activities

YOUR USE OF YOKABOO’S SERVICES MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AUP. YOKABOO MAY SUSPEND OR TERMINATE YOUR SERVICES, OR ALTERNATIVELY REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP.

You violate this AUP when you, end users of your Store or any third party acting on behalf of you or your end users, engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to the terms of this AUP.

You agree that your activities and any products, services or content published and distributed through your Store using the Yokaboo Services shall not:

• violate the list of Prohibited and Restricted Items Policy [link] that is incorporated herein;
• be false, inaccurate or misleading;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or harassing, advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
• be obscene or contain child pornography;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account or your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
• be involved in the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of the Merchant User Agreement;
• be harmful or potentially harmful to the Yokaboo server structure as determined in Yokaboo’s sole discretion, including, without limitation overloading the Yokaboo technical infrastructure;
• involve subleasing your account or offering "free space" on or other access to your account or your Store to third parties;
• create liability for Yokaboo and its subcontractors or expose them to undue risk or otherwise engage in activities that Yokaboo, in its sole discretion, determines to be harmful to Yokaboo’s affiliates, operations, reputation, or goodwill ;
• link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation;
• Manipulate the price of any item or interfere with other users’ listings;
• Circumvent or manipulate the fee structure or billing process of Yokaboo;
• Copy, modify or distribute content from our sites, and Yokaboo’s trademarks and copyrights;
• Fail to make payment for any items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity.

Yokaboo will not intervene or become involved in any disputes between you and a third party, including but not limited to end users of your Store. Consequently, Yokaboo reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to you upon its receipt of any third party complaint that you have engaged in any activity that violates this AUP that may otherwise subject Yokaboo to liability for any reason, or that may cause Yokaboo to incur legal fees or other expenses.

Yokaboo may suspend and terminate your use of the Services without notice to you and end users of your Store for breach of this AUP. Yokaboo may also report your activities to the appropriate law enforcement agencies.

Restricted Activities (Special to PayPal)

PayPal users should be aware that PayPal will not process payments for certain activities. PayPal's Acceptable Use Policy identifies activities that are illegal or may be illegal under certain circumstances, and details certain types of activities for which PayPal has decided not to process payments, even if the activities may be legal.

Your relationship with PayPal is separate from your relationship with Yokaboo and is governed by the terms and conditions contained in the PayPal User Agreement and the PayPal Privacy Policy. Such terms and conditions are available at PayPal [https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/ua-outside].

5.     Privacy

View Yokaboo’s Privacy Information [link].

While Yokaboo is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Yokaboo is not responsible for the security of any information transmitted over its Services.

6.     Spamming and Related Activities

Yokaboo strictly prohibits your use of Yokaboo’s Services to transmit spam or to host a site that is advertised or announced via spam. "Spam" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Activities that violate this AUP may also subject you to civil liability to third parties and to criminal penalties.

7.     Permission-Based Communications

You may use Yokaboo’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP, the Yokaboo Privacy Policy and all applicable laws including, but not limited to, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”). All marketing conducted using Yokaboo’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Yokaboo’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis.

In addition to the above, all permission-based communications sent using Yokaboo’s Services must include the following (and you are required to take the corresponding actions set forth below):

• A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter Yokaboo’s Services.)
• The recipient's accurate e-mail address in the "to" line and the sender's accurate e-mail address in the "from" line.
• A working link to your privacy policy.
• A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Yokaboo’s Services.)
• A working link to an up-to-date website that corresponds with the domain portion of the response e-mail. Your tore and any communication sent must conspicuously display your up-to-date mailing address, telephone number and facsimile number. Registered companies are required to supplement this information with their company number and registered offices address.

You are solely responsible for the transmission of all such permission-based communications related to your tore and your use of the Yokaboo Services. Yokaboo reserves the right to suspend or terminate Services to you and your Store in the event Yokaboo receives, in its sole and exclusive discretion, an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties who "opted-in" or otherwise.

8.         United Kingdom Export Laws

United Kingdom export control laws govern your use of Yokaboo’s Services. These laws apply to You and Your use of Yokaboo’s Services regardless of whether You actually reside in the United Kingdom.

You may not use Yokaboo’s Services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United Kingdom, but illegal to export. You may not use Yokaboo’s Services to offer or provide services on your tore to end users with whom United Kingdom citizens may not do business.

Additional information about United Kingdom export laws, may be obtained from the UK Foreign & Commonwealth website at http://www.fco.gov.uk/en/business-trade/export-controls-sanctions/restrictions-to-all-countries/

9.     Monitoring of Services; Cooperation with Law Enforcement; Legal Documents

You are solely responsible for ensuring that materials sent, posted or distributed by you using Yokaboo’s Services comply with this AUP and all applicable laws and regulations. Yokaboo does not review, edit, censor or take responsibility for any information you, other customers or your end users may create.

Yokaboo may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Yokaboo assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.

On occasion, Yokaboo may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. Yokaboo may choose the method of such communication in its sole discretion, which may include without limitation email.

10.   Contact Information

It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to Yokaboo during the sign-up process. It is your responsibility to inform Yokaboo promptly of any changes to your account or contact information. Yokaboo has no responsibility for communications that are misdirected as a result of your failure to provide Yokaboo with updated contact information.

Copyright Policy

Yokaboo, (“Yokaboo” or "we" or "us") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.

The address of Yokaboo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Upon proper notification of a claimed infringement, Yokaboo will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity;

A. The requirements for a proper notification are:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yokaboo to locate the material;
• Information reasonably sufficient to permit Yokaboo to contact the notifier, such as an address, telephone number, and, if available, an electronic mail address at which the notifier may be contacted;
• A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifier is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Once the Designated Agent receives a notification that substantially complies with the above requirements, it is Yokaboo's policy:

• To remove or disable access to the infringing material;
• To promptly notify the tore or user that Yokaboo has removed or disabled access to the material;
• That repeat copyright infringers will have their infringing material removed from the system, their account terminated, and will no longer be able to use Yokaboo’s services.

C. The requirements for a proper counter-notification are:

• A physical or electronic signature of the 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 user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Crown Court for the judicial district in which the user's address is located, or if the user's address is located outside the United Kingdom, for any judicial district in which Yokaboo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

D. Once the Designated Agent receives a counter-notification that substantially complies with the above requirements, it is Yokaboo's policy:

• To provide a copy of the counter-notification to the copyright owner who notified Yokaboo of the alleged infringement; and, inform the copyright owner that Yokaboo will replace the removed material or cease disabling access to it in 10 business days; and
• To replace the removed material and cease disabling access to the material not less than 10, but no more than 14, business days following receipt of the counter notification, unless, the designated agent receives notice within that time frame that the copyright owner has filed an action in court to restrain the Yokaboo user from engaging in allegedly infringing activity.

Designated Agent to receive notification of claimed infringement:

• Yokaboo Ltd.
• The Old Truman Brewery
• 91 Brick Lane
• London
• E1 6QL
• UK
• info@yokaboo.com

Merchant User Agreement

This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and Yokaboo, ("Yokaboo").

Yokaboo provides software programs ("Software") that enable merchants to build online stores through which they can sell their products and services online. Yokaboo also provides merchant services, including hosting of the online store, site design, email services, marketing services, and other related services as may be offered from time to time (collectively, "Services").

This Agreement is effective upon your acceptance of it during the registration process. By accepting this Agreement and subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth on the Yokaboo website located at www.yokaboo.com ("Yokaboo Site") that are incorporated herein by reference and may be accessed through links in this Agreement, Yokaboo will provide you with a limited license to use the Software and receive the Services. Please note that underlined words and phrases in this Agreement are links to pages on the Yokaboo Site, or other relevant sites.

By accepting this Agreement, you further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.

You authorize Yokaboo to process any and all of your Yokaboo account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Yokaboo Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase.

Notwithstanding anything contained in the foregoing, this Agreement will not bind Yokaboo unless you meet the eligibility criteria for entering into this Agreement as set forth in Section 1 of this Agreement.

1. ELIGIBILITY CRITERIA.

The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Yokaboo uses many techniques to verify the accuracy of the information you provide when you register on the Yokaboo Site. If for any reason, Yokaboo, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to you, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to you.

2. YOKABOO SOFTWARE AND TRADEMARK OWNERSHIP AND LICENSES.

2.1 SOFTWARE OWNERSHIP.

Software provided by Yokaboo, and all worldwide intellectual property rights therein, are the exclusive property of Yokaboo. All rights in and to the Software not expressly granted to you in this Agreement are reserved by Yokaboo.

2.2 SOFTWARE LICENSE.

Subject to the terms and conditions of this Agreement, Yokaboo grants to you a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Yokaboo ("Yokaboo Servers") through the Yokaboo Site solely for the purpose of building and maintaining an interactive store hosted by the Yokaboo Servers on which you offer your or a third party's products or services ("your Store").

2.3 SOFTWARE LICENSE RESTRICTIONS.

You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of Yokaboo. Accordingly, except as expressly allowed under Section 2.2, you will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to your Store to any third party.

2.4 YOKABOO TRADEMARK OWNERSHIP, LICENSE AND RESTRICTIONS.

Subject to the terms and conditions of this Agreement, and upon your election to use and pay applicable fees (if any) for certain features of the Software, Yokaboo grants to you a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce those trademarks provided to you by Yokaboo under this Agreement ("Yokaboo Marks"), solely for use in the display on those locations on your Store's web pages as designated by Yokaboo in its sole discretion, that is incorporated herein by reference and that Yokaboo may periodically change from time to time. Yokaboo grants no rights in the Yokaboo Marks other than those expressly granted in this Section 2.4. You acknowledge Yokaboo's exclusive ownership of the Yokaboo Marks. You agree not to take any action inconsistent with such ownership and you agree not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Yokaboo Marks or in such a way as to create combination marks with the Yokaboo Marks. At Yokaboo' request (in its sole discretion), you will immediately discontinue any use and display of the Yokaboo Marks. You acknowledge and agree that, except with respect to the trademark license granted herein in and to the Yokaboo Marks, no licenses are granted by Yokaboo to any other trademarks, service marks, or trade names owned by Yokaboo, its parent, or affiliates.

2.5 ADDITIONAL FEATURES.

Certain additional features that Yokaboo may make available to you may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions ("Additional Software"). Similarly, Yokaboo may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). You agree that you will not use such Additional Software or Additional Services unless you have agreed to the applicable terms and conditions, including but not limited to your payment of additional fees as required.

3. SERVICES.

3.1 SERVICES.

Upon activation of Your account and subject to the payment of applicable fees, Yokaboo will provide certain hosting, support and other miscellaneous Services for the Software licensed by you under this Agreement and your Store during the term of this Agreement as published on the Yokaboo Site. Your Store shall be hosted on a Yokaboo Server on which several merchants may share the resources and network capacity of that Yokaboo Server.

3.2 STORE DESIGN AND CUSTOMIZATION.

At your request, and subject to Yokaboo's acceptance of your request and your payment of applicable fees, Yokaboo will provide design and customization Services for your Store as provided in this Section 3.2 and in accordance with Yokaboo's then current customization terms and conditions. You shall provide all text, music, sound, photographs, video, graphics, logo data, software, design, information and all other content for your Store to Yokaboo within a time period designated by Yokaboo. Yokaboo shall transfer all your content into electronic form and a user-accessible format.

3.3 CHANGES IN SERVICES.

Yokaboo reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to you. You agree to receive administrative communications from Yokaboo in regards to the Software, Services, your account, policy changes and system updates.

3.4 SERVICE DOWNGRADES.

Downgrading your Service may cause the loss of content, features, or capacity of your account. Yokaboo does not accept any liability for such loss.

4. YOUR STORE & CONTENT CONTROL

4.1 CONTROL OF YOUR STORE.

You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of your Store, accepting, processing and filing customer orders generated through your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through your Store. You agree that Yokaboo has no obligation to back-up any data related to your Store's operations and you should independently take appropriate steps to maintain such data in accordance with your needs and requirements.

4.2 CONTROL OF YOUR STORE'S CONTENT.

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on your Store, regardless of whether Yokaboo provides any design or customization Services to you under this Agreement, including all descriptions of the products and services you offer to customers of your Store and user-generated content on and related to your Store. As a conduit, Yokaboo will give you complete discretion over your content provided it is compatible and interoperable with the Software and Services provided by Yokaboo under this Agreement. You retain all rights, title and interest in and to all intellectual property rights embodied in your content, exclusive of any content provided by Yokaboo. Notwithstanding anything contained in the foregoing, if you breach any of the covenants in Section 5.1 of this Agreement, Yokaboo is entitled to suspend or terminate your Store and/or any access to information or data related to your account and the Software in accordance with Section 12 of this Agreement.

4.3 PASSIVE CONDUIT.

You acknowledge that, by only providing you with the ability to publish and distribute your own or third party products, services or content, Yokaboo and its Software are acting only as passive conduits for the distribution and/or publishing of such products, services or content on the Store. Yokaboo has no obligation to you or any third party, and undertakes no responsibility, to review your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Yokaboo believes in its sole discretion (as applicable) that your Store or any products, services, content or other materials in the Store or on Yokaboo Servers may create liability for Yokaboo, you agree that Yokaboo may take any actions with respect to the content or materials or Your Store that Yokaboo believes are prudent or necessary to minimize or eliminate Yokaboo' potential liability. Yokaboo shall, as applicable, be the sole judge of what content or materials may create liability for Yokaboo.

4.4 CONTENT LICENSE.

During the period that Yokaboo provides Services to you pursuant to Section 3 of this Agreement, you hereby grant to Yokaboo and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform your content solely for the purposes provided in this Agreement.

5. COVENANTS

5.1 COVENANTS BY YOU.

You covenant that any products, services, or content published and distributed on your Store and your related activities shall not violate the Yokaboo Acceptable Use Policy [link] that is incorporated herein by reference and as it may be amended from time to time, nor shall they:

• be false, inaccurate or misleading;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
• be obscene or contain child pornography;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account or your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to pyramid or ponzi schemes;
• involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;
• be harmful or potentially harmful to the Yokaboo Server structure as determined in Yokaboo's sole discretion, including without limitation overloading the Yokaboo technical infrastructure;
• involve subleasing your account or offering "free space" on or other access to your account or your Store to third parties;
• create liability for Yokaboo and its subcontractors or expose them to undue risk or otherwise engage in activities that Yokaboo, in its sole discretion, determines to be harmful to Yokaboo's affiliates, operations, reputation, or goodwill ; and
• link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate Yokaboo' Prohibited and Restricted Items that is incorporated herein by reference and may be amended from time to time.

Furthermore, you agree to display and adhere to a terms of use or other user-type agreement, as well as a privacy policy, governing your operation of your Store and your conduct with your Store's customers.

5.2 BREACH OF COVENANT.

Your failure to comply with the covenants set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 12 of this Agreement.

6. FEES; TAXES; & AUDIT RIGHTS

6.1 FEES.

You shall pay the fees set forth for the Software license and Services purchased by you in accordance with Yokaboo's Fees Policy that is incorporated into this Agreement by reference. Yokaboo may change the fees for its Services from time to time.

6.2 PAYMENT TERMS.

Yokaboo will invoice you via PayPal and you agree to pay the non-refundable monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to you by or on behalf of Yokaboo in the following month.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Upon non-payment Yokaboo may re-attempt to collect the amount due up to 3 times before suspending or terminating your Account.

6.3 TAXES.

All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and you will be responsible for payment of all such taxes (other than taxes based on Yokaboo' income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software and performance of the Services hereunder.

7. DISCLAIMER OF WARRANTIES.

YOKABOO, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. YOKABOO, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL YOKABOO, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOKABOO'S, ITS SUPPLIERS', AND SERVICE PROVIDERS' CUMULATIVE LIABILITY AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO [THE GREATER OF (A)] THE AMOUNT OF FEES YOU PAY TO YOKABOO FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) FIFTY UK POUNDS (£ 50). Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. INDEMNITY

You agree to indemnify and hold Yokaboo, its suppliers, service providers and their officers, directors, agents, and employees harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) any breach of the covenants in Section 5.1 of this Agreement, (b) any content provided by you or generated by users of your Store, (c) any claims arising from the sale or license of goods or services in your Store, or (d) any breach of this Agreement or the documents it incorporates by reference. Yokaboo, its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by Yokaboo.

10. CUSTOMER DATA, YOUR DATA & PRIVACY POLICY

As between Yokaboo and you, you shall own all data disclosed by or collected about (a) an individual or entity that accesses your Store to browse or shop ("Customer Data"), and (b) you ("Your Data"). Yokaboo does not sell or rent your Data to third parties for marketing purposes without your explicit approval.

Yokaboo shall collect, store and process Customer Data and your Data on computers that are protected by physical as well as technological security devices. If you object to Customer Data or our Data being collected, stored or processed in this way, please do not use the Software or Services.

You shall maintain all Customer Data that is collected by or disclosed to you in trust and confidence and use and disclose such information solely in accordance with your privacy policy. You must post, maintain and adhere to your privacy policy that informs your Store customers what Customer Data is collected, how it is used, the effective date of your privacy policy and how customers of your Store can learn of changes to your privacy policy via the FAQ section of your Store. In addition, you must prominently include within your posted privacy policy a statement notifying your customers that your Store is hosted by Yokaboo and that Yokaboo has access to aggregated information about customers of your Store in order for Yokaboo to analyze performance and make improvements to Yokaboo products.

11. BREACH

Without limiting other remedies, Yokaboo may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to you if: (a) You fail to pay any fees in accordance with Section 6 of this Agreement and the Price Policy; (b) You breach this Agreement or the documents it incorporates by reference in any other manner; (c) Yokaboo is unable to verify or authenticate any information you provide to Yokaboo; or (d) Yokaboo believes that your actions may cause financial loss or legal liability for you, your Store customers, or Yokaboo.

12. SUSPENSION AND TERMINATION

12.1 SUSPENSION.

At the discretion of Yokaboo and for any reason set forth in Section 12 of this Agreement, Yokaboo may suspend your account by deactivating any access by you or by your customers to any information contained on the Yokaboo Servers related to your account while maintaining the information and data related to your account upon the Yokaboo Servers. Suspension shall specifically include the disabling of your Store and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

12.2 TERMINATION.

This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by Yokaboo (a) immediately as provided in this Agreement, (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or (c) YOU may terminate this Agreement via the Yokaboo Site or via the PayPal site.

12.3 RIGHTS UPON TERMINATION.

In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and you shall destroy all copies of the Software in your possession, if any. Upon termination, there will be no refund provided to you except as set forth in the Price Policy and all outstanding fees owed by you shall become immediately due and payable. Termination shall not affect the rights of Yokaboo to recover from you any losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.

13. USE OF PAYPAL

If you purchase a license to Software then you are required to use PayPal as the Payment Solution for your Store. Using PayPal as a Payment Solution means that you use PayPal exclusively to process online payments from your Store customers. In order to use PayPal with your Store, you are required to sign up for a Business or Premier PayPal account and comply with the PayPal User Agreement and PayPal Privacy Policy.

14. GENERAL

14.1 GOVERNING LAW.

This Agreement shall be governed in all respects by the laws of the United Kingdom without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction.

14.2 LEGAL COMPLIANCE.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Software, the Services, and your listing and sale of products and services on your Store.

14.3 NO AGENCY.

You and Yokaboo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14.4 FORCE MAJEURE.

Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

14.5 DISPUTES.

In the event a dispute arises between you and Yokaboo, Yokaboo’s goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Yokaboo agree that any claim or controversy at law or equity that arises out of this Agreement, the Software, or Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Yokaboo strongly encourages you to first contact Yokaboo directly as provided in Section 14.6 to seek a resolution and Yokaboo will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as an alternative to litigation. You and Yokaboo both agree to submit to the exclusive jurisdiction of the English Courts.

 

14.6 NOTICES.

Except as explicitly stated otherwise, any notices shall be given via email to Yokaboo, info@yokaboo.com or to the email address you provide to Yokaboo during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless Yokaboo is notified that the email address is invalid. Alternatively, Yokaboo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Yokaboo during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

14.7 ASSIGNMENT.

You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by Yokaboo, in Yokaboo' sole discretion.

14.8 NO THIRD PARTY BENEFICIARY.

You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

14.9 SEVERABILITY; WAIVER.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Yokaboo's failure to act with respect to a breach by you or others does not waive Yokaboo's right to act with respect to subsequent or similar breaches.

14.10 CONSTRUCTION.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation", unless expressly stated to the contrary.

14.11 SURVIVAL.

Sections 2.4 (Ownership), 6.1 (Fees) with respect to any outstanding fees owed for the Services, 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnity), 10 (Customer Data, Your Data, & Privacy Policy), 12.3 (Rights Upon Termination), and 15 (General) shall survive any termination or expiration of this Agreement.

14.12 DISCLOSURES.

The services hereunder are offered by Yokaboo.

14.13 ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the Services offered by Yokaboo:

(a) Acceptable Use Policy

(b) Prohibited and Restricted Items Policy

(c) Privacy Policy (d) Copyright Policy

Each of these policies may be amended from time to time and the amended policies shall be automatically effective after they are initially posted on the Yokaboo Site. In addition, when using particular services on the Yokaboo Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Yokaboo Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

14.14 ENTIRE AGREEMENT.

This Agreement sets forth the entire understanding and agreement between you and Yokaboo with respect to the subject matter hereof.

 

Prohibited Items Policy

Yokaboo maintains this Prohibited and Restricted Items Policy to provide customers and users ("You" or "Your") of its services, systems and network (the "Services") with rules and use restrictions that apply to the types of products and services you will be permitted to offer for sale on your store using the Services made available at www.yokaboo.com (the "Yokaboo Site").

Yokaboo may amend this Prohibited and Restricted Items Policy at any time by posting the amended policy on the Yokaboo Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Yokaboo Site. Your continued use of Yokaboo Services will constitute your acceptance of any changes or additions to this Prohibited and Restricted Items Policy.

Scope and Application of Policy

As a merchant using Yokaboo’s software or services, you are solely responsible for the sale and purchase of items coordinated through your store.

Prohibited Items

Yokaboo specifically prohibits sales related to the following items:

• Blood, Bodily Fluids and Body Parts
• Burglary Tools
• Counterfeit Items
• Illegal Drugs & Drug Paraphernalia
• Fireworks, Destructive Devices and Explosives
• Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
• Lottery Tickets, Sweepstakes Entries and Slot Machines
• Obscene Material and Child Pornography
• Offensive Material or Hate Speech
• Police Badges and Uniforms
• Prescription Drugs and Devices
• Stocks and Other Securities
• Stolen Property
• Tobacco Products
• Alcoholic Products

Restricted Items

You agree that the following types of items may only be allowed if done fully in compliance with all laws in the location of the seller and buyer.

• Downloadable Digital Music
• Event Tickets
• Food Items
• Hazardous, Restricted, and Perishable Items
• Pesticides
• Used Clothing and Bedding
• Adult Items and Pornography
• Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons)

PayPal and other Payment Services

PayPal users should be aware that PayPal will not process payments for certain activities. PayPal's Acceptable Use Policy [https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside] identifies activities that are illegal or may be illegal under certain circumstances, and details certain types of activities for which PayPal has decided not to process payments, even if the activities may be legal.

Violation of Policy

Yokaboo may suspend and terminate your use of the Services without notice to you or end users of your Store for breach of this Prohibited and Restricted Items Policy. Yokaboo may also report your activities to the appropriate law enforcement agencies.

 

Privacy Policy

This Privacy Policy describes the types of information Yokaboo, LLC (“Yokaboo” or "we"or "us") – makers of Yokaboo, collects and how we use that information.

Overview.

his Privacy Policy is incorporated into and subject to the terms of the Yokaboo Site Acceptable Use Agreement and the Yokaboo Merchant User Agreement. By accepting the Yokaboo Merchant User Agreement and this Privacy Policy when registering to receive services from Yokaboo ("Yokaboo Services"), you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. Furthermore, if you do not agree to the terms of this Privacy Policy, please do not use Yokaboo Services and do not access the Yokaboo website located at www.yokaboo.com ("Yokaboo Site").

This policy is effective 01/08/2008. In you have questions regarding this Privacy Policy, you may contact us at info@yokaboo.com

Information We Collect.

We collect, store and process your personal information on Yokaboo servers. If you choose to use Yokaboo Services, we may require you to provide contact and identity information, billing information, and other personal information as indicated on the Yokaboo Site. Once you register on the Yokaboo Site, you are no longer anonymous to us.

We collect and store the following information:

• Email address, and basic contact information;
• Computer sign-on data, statistics on page views, traffic to and from Yokaboo Site and ad data (all through cookies - you can take steps to disable cookies on your browser, however this is likely to affect your ability to use the Yokaboo Site);
• Desired name for your Store;
• Discussion board posts and other messages, including correspondence between Yokaboo and you; and
• General information regarding the Yokaboo Services you have registered to receive and the operation of your Store.

Our Use of Your Information.

We use your personal information to:

• provide Yokaboo Services and products;
• resolve disputes, calculate and collect fees, and troubleshoot problems;
• verify users' identity and the information users provide;
• encourage safe online experience and enforce our policies;
• customize users' experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates;
• communicate administrative announcements when we need to provide users with information that may affect their use of Yokaboo Services and products;
• communicate marketing and promotional offers to our users;
• provide customer service; and
• perform other business activities as described when we collect the information.

During the course of the business, we may use your personal information to deliver to you information that is targeted to your interests. Upon receipt of the first communication of this type, you will have the opportunity to opt-out of future communications by clicking on the unsubscribe link or by following the unsubscribe instructions described within the communication. From time to time, we may implement solutions designed to more efficiently capture your communications preferences. In any such event, we will strive to reflect any previously stated communicated preferences within such solutions.

As part of your registration for Yokaboo Services on the Yokaboo Site, you agree that you may receive certain administrative communications from Yokaboo, such as administrative announcements and customer service messages regarding Yokaboo Services and products, and you will not be able to opt out of receiving such administrative communications.

Our Disclosure of Your Information.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates other's rights, or protect anyone's rights, property, or safety. We may also share personal information with:

• corporate affiliates to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety;
• service providers who help with our business operations and assist in the delivery of Yokaboo Services to our users. These service providers are under confidentiality agreements with us;
• law enforcement or other government officials in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of the Merchant User Agreement, or as otherwise required by law; and
• If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this Privacy Policy will continue to apply unless it is amended as described in "Notification of Changes" section set forth below.

Information from Your Store Customers.

You may use and disclose personal information gathered from your customers who access your Store to browse or shop only in accordance with your Store's privacy policy. By entering into the Merchant User Agreement, you agree that you must post, maintain and adhere to your Store's privacy policy that informs your Store customers what customer information is collected, how it is used, the effective date of your privacy policy and how your customers can learn of changes to your Store's privacy policy.

By entering into the Merchant User Agreement, you agree to prominently include within your Store's posted privacy policy a statement notifying your Store customers that your Store is hosted by Yokaboo and that Yokaboo, including its service providers, parent entity and affiliates, have access to aggregated information related to your Store customers in order for Yokaboo to analyze performance and make improvements to Yokaboo Services and products. You may not use your customer information to send unsolicited commercial messages (spam).

Accessing, Reviewing and Changing Your Personal Information.

If you are registered to receive Yokaboo Services, you can access, review and modify your personal information at any time by logging into your Profile page on the Yokaboo Site.

If you post messages using Yokaboo community discussion boards or other message areas that may be made available on the Yokaboo Site, it will not later be possible to edit or delete those messages.

You may contact us at info@yokaboo.com to review any personal information we store about you that is not available on the Yokaboo Site. There may be a charge associated with such requests but these will not exceed the amounts permitted by law.

We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies, and help prevent bad guys from coming back.

Security.

To prevent unauthorized access, promote data security, and encourage appropriate use of information, we use a variety of tools (encryption technologies, passwords, physical and electronic security, procedural safeguards) to assist in the protection of your information. However, "perfect security" does not exist on the Internet, so we make no guarantees.

Notification of Changes.

We may amend this Privacy Policy at any time by posting the amended terms on the Yokaboo Site. In the event of amendment, all terms shall become effective 30 days after they are initially posted to the Yokaboo Site. Your continued use of Yokaboo Services, systems, and network will constitute your acceptance of any changes or additions to this Privacy Policy.