Yerdle provides a platform through which you can give and receive things for free from your online social network, but you need to understand the following:
· All transactions are between the parties using yerdle; yerdle does not participate in any transaction.
· All disputes regarding transactions are between the parties to the transaction; yerdle is not involved in any way.
· Caveat recipiēns (Recipient beware). Goods and services provided through yerdle are not guaranteed or warranted and you should always use caution and common sense when entering into a transaction and inspect each item before you use it.
· In summary, have fun, enjoy your experience, use common sense, and use yerdle at your own risk.
Last revised on: November 21, 2012
The website located at www.yerdle.com (the “Site”) is a copyrighted work belonging to yerdle (“Company”, “us”, “our”, and “we”). Company provides a website and mobile applications where users can give or loan previously owned items or services as a poster (“Poster”) or receive for free or borrow previously owned items or services as a recipient (“Recipient”) Each instance of such is a transaction (“Transaction”). Transactions occur between Posters and Recipients who are Facebook friends, or who are linked through the social networks of their Facebook friends. (collectively, with all other services provided through the Site, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account. In order to use certain features of the Site (e.g., to use the Services), you must log in using your Facebook account. You are responsible for maintaining the confidentiality of your Facebook account login information and are fully responsible for all activities that occur under your Account, including any Transactions into which a person enters using your Facebook login.
2.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 7.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
2.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
3. User Content
3.1 User Content. “User Content” means any and all information and content that a Poster or Recipient submits via the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:
(a) You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your access to the Site or Services in accordance with Section 7, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, or (e) your participation in any Transaction. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Other Users.
5.1 Other Users. Each Borrower and Recipient is solely responsible for any and all of his/her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Borrowers and Recipients that use the Site or Services (each a “User”) are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions, including in connection with any Transaction. If there is a dispute between you and any other User, we are under no obligation to become involved.
5.2 Release. You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or exchange of goods with, or act or omission of, other Site or Service users or your participation in any Transaction, including any claim for personal injury, property damage, or death. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE SITE MERELY PROVIDES A NEUTRAL NETWORK THROUGH WHICH USERS CAN ENTER INTO TRANSACTIONS AS POSTERS AND RECIPIENTS. AS SUCH, YOU AGREE THAT COMPANY HAS ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTIONS. IN ADDITION, YOU ACKNOWLEDGE THAT AS WITH ALL TRANSACTIONS, IF YOU ARE A RECIPIENT YOU ARE SOLELY RESPONSIBLE FOR INSPECTING ALL GOODS AND SERVICES BEFORE USING THEM AND YOU ASSUME ALL RISK OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability.
BY USING THE SITE AND SERVICES AND BEING A PARTY TO ANY TRANSACTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES MERELY CONSTITUTE A NEUTRAL FORUM THROUGH WHICH USERS CAN INTERACT WITH EACH OTHER. site and company are NOT A PARTY TO ANY TRANSACTION. EACH USER ENTERS INTO A TRANSACTION AT HIS OR HER OWN RISK AND FORever WAIVES, DISCHARGES, AND RELEASES COMPANY FROM ANY CLAIM RELATED TO OR ARISING OUT OF ANY TRANSACTION. NO OBLIGATION TO COMPLETE A TRANSACTION IS CREATED BY THE SITE AND A POSTER OR RECIPIENT MAY CANCEL A TRANSACTION AT ANY TIME before the physical exchange of goods or services occurs. BY POSTING AN OFFER TO ENTER INTO A TRANSACTION, THE POSTER IS WARRANTING THAT the item posted IS IN THE condition DESCRIBED. by entering into a transaction, both parties to the transaction have the responsbility of assuring that item exchanged is not expired or recalled, and that item is safe for its intended use. NOTWTHSTANDING THE FOREGOING, ALL RECIPIENTS ACKNOWLEDGE AND AGREE TO BE SOLELY RESPONSIBLE FOR INSPECTING ALL GOODS AND SERVICES BEFORE USE AND FOR ANY DECISION TO USE THE GOODS OR SERVICES. ANY AND ALL CLAIMS ARISING OUT OF ANY TRANSACTION, WHETHER FOR Claims for property damage, PERSONAL INJURY OR DEATH, must be directed to THE POSTER or manufacturer of the item OR SERVICE. FOR the AVOIDANCE OF DOUBT, RECIPIENT ASSUMES ALL LIABILITY AND RISK FOR ANY TRANSACTION TO WHICH RECIPIENT IS A PARTY.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2-2.5, 3 –9.5
8. Copyright Policy. Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
To submit a DMCA Takedown Notice, click here
9.2 Dispute Resolution.
(a) Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to this Agreement or the Site or Services (a “claim”) must be brought in a federal or state court located in San Francisco, CA and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
(b) Contact Company First. If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Company regarding our Site or Services by emailing firstname.lastname@example.org.
9.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
9.4 Copyright/Trademark Information. Copyright © 2012, yerdle. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.5 Contact Information:
Address: PO Box 410146, San Francisco, CA 94141
Telephone: (415) 300-0984
WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect your name, email address, demographic information (such as your gender and occupation), birthday, neighborhood, zipcode, Facebook data and other information you directly give us on our Site.
Information We Get from Others. We may get information about you from other sources. We may add this to information we get from this Site.
Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address, Google Analytics Data,
MixPanel Events, clicks, and information about your use of and actions on our Site.
Web Beacons. We may log information using digital images called Web beacons on our Site or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.
USE OF PERSONAL INFORMATION
We use your personal information as follows:
We use your personal information to operate, maintain, and improve our sites, products, and services.
We use your personal information to process and deliver contest entries and rewards.
We use your personal information to respond to comments and questions and provide customer service.
We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
We use your personal information to link or combine user information with other personal information.
We use your personal information to provide and deliver products and services customers request.
SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
We may share personal information for legal, protection, and safety purposes.
We may share information to comply with laws.
We may share information to respond to lawful requests and legal processes.
We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
We may share information with those who need it to do work for us.
We may also share aggregated and/or anonymized data with others for their own uses.
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
SECURITY OF YOUR PERSONAL INFORMATION. We take steps to help protect personal information. No company can fully prevent security risks, however. Mistakes may happen. Bad actors may defeat even the best safeguards.
PO Box 410146
San Francisco, CA 94141
or at email@example.com