Terms and Use
www.yoyomolo.com (the "Site") is a Web and mobile service enabling individuals, small groups, or organizations getting involved in a fundraising and receiving donations. The Site is a division of ODE Technologies Inc. ("YoyomoloTM")
TERMS AND CONDITIONS OF USE
2. YoyomoloTM reserves the right to refuse the registration of any activity, notably if the activity does not appear legitimate, if its content is offensive or violates the rights of a third party or for any other reason deemed reasonable by YoyomoloTM.
3. You must keep your password strictly confidential.
4. When you upload any content on the Site you garantee that you own all rights related thereto, including without limitation any copyright or right of publicity. Moreover, you hereby grant YoyomoloTM, without restriction of any kind whatsoever and for the world, a right to use the content for the purposes of the Site and for its promotion, free of any royalty and you renounce to your right of legal recourses against YoyomoloTM or any other legal entity controlled by or affiliated to YoyomoloTM, its employees, agents and representatives orelatively to the use of this content by anyone.
5. YoyomoloTM reserves the right to suspend or terminate, temporarily or permanently, any account of a member who does not act in accordance with these terms and conditions or to restrict its access to the Site, without notice.
6. The site aims to provide a platform to collect donations online, by using the Site you acknowledge that YoyomoloTM acts only as an intermediary and can not guarantee in any way the quantity and quality of donations. In addition, YoyomoloTM can not guarantee in any way whatsoever that donations will be used for the purposes claimed by users. Hence, we strongly encourage donors to proceed to the appropriate verifications prior to making a donation. No refunds will be made by YoyomoloTM for any reason whatsoever.
7. YoyomoloTM disclaims all warranties, express or implied, in connection with the Site that is provided to you "AS IS" and does not offer a warranty or contractual liability for its quality, fitness for purpose of use, nor of its accuracy.
8. Regardless of our efforts, YoyomoloTM can not guarantee that the Site will be accessible or functional without interruption, nor that it will be error free or that the information contained herein is complete or accurate.
9. Before using the Site, and continuously thereafter, you represent, acknowledge and agree that:
a. you are obliged to provide certain personal information about you in order to use the Site (including information about your method of payment);
b. you are solely responsible for the payment of any tax applicable;
c. that you are solely responsible for the electronic communications networks and services including Internet access necessary to access and use the Site.
d. that you will always comply with the applicable laws and regulations, namely those regarding spamming and that YoyomoloTM, as an intermediary, shall not be liable in any way for any breach of any laws or regulations.
10. Registration to the Site is free, and YoyomoloTM assumes all gateway and Web payment fees.
11. YoyomoloTM will deposit received donations into your PayPal account. YoyomoloTM will collect a 6 percent transaction fee (taxes not included) on every transaction and on all donations received. YoyomoloTM reserves the right to claim disputed amounts regardless of the reasons invoked by the donor.
12. A $15 fee is also applicable and charged to the user in case of credit card chargeback.
13. "Yoyomolo" and any other trademark, or trade name used by YoyomoloTM on the Site from time to time (the "Trademarks") are the exclusive property of YoyomoloTM or a company of the group, and these entities reserve all rights vis-à-vis such Trademarks.
14. In addition, the content of the Site, including but not limited to images, illustrations, graphics, photographs, animations, videos, music, audio and text (the "Site Content" ) belongs to YoyomoloTM and is protected by copyright or other intellectual property rights. You hereby acknowledge that by using the Site you obtain no rights in the Site Content, or any parts thereof. Under no circumstances may you use the Site Content without the prior written consent of YoyomoloTM.
15. YoyomoloTM reserves the right to update or modify all or part of these Terms and Conditions of Use at any time without notice. We recommend you visit the Site regularly and check the current version at that time. Your continued use of the Site will be considered as a declaration of your acceptance for the modifications.
18. YoyomoloTM reserves the right to assign this Agreement, in whole or part at any time without notice. The user cannot assign any of its rights or obligations under this contract.
19. The fact YoyomoloTM does not enforce any provision of this contract shall in no event be deemed as a waiver of such provision or any other provision of the contract.
20. This contract expresses the entire agreement between you and us regarding the Site and supersedes any agreement, understanding or previous agreement between you and us.
Updated September 19, 2012