Terms of Service.
(Updated June 19, 2012, 11:45pm EST)
Every eligible person may use the Site free of charge. You are eligible to use the Site if (i) you are at least 18 years old (or 13 years old with your parent’s permission); (ii) you are not a convicted felon or sex offender; and (iii) your use of the Site is not prohibited or restricted by any applicable law or regulation. In the future, we may ask you to register to use the Site. If we do so, it will be to enhance the features of the Site and foster the community using the Site.
Notice and Responsibility
From time to time, it may become necessary to revise these Terms. When we make revisions, we will post the revised Terms here along with the effective date of such revisions. In addition, we will alert Site users to the revisions by posting a notice at the bottom of every page of the Site for a reasonable period of time. We will also attempt to e-mail you regarding such changes if you’ve joined our mailing list and provided us with a valid e-mail address. We will make every effort to limit these revisions, but you are ultimately responsible for making yourself aware of any such revisions so please revisit this page periodically. Changes to the Terms will take effect immediately upon their posting to the Site. Your continued use of the Site after the effective date of such revisions indicates your assent to same.
Your safety, and the safety of all Site users, is important to us. You hereby agree not to: (i) use the Site for any unlawful purposes; (ii) not to facilitate or encourage violations of any applicable laws or of these Terms; (iii) infringe upon or violate our rights or the rights of any Site user or Social Innovation Rockstar™; (iv) bully, intimidate, threaten or harass another user or a Social innovation Rockstar™; (v) introduce into the Site any viruses or malicious code; or (vi) do anything that could disable the Site or prevent any other user from accessing the Site. As long as you don’t violate these Terms, you are free to access and use the Site. If you violate these Terms, we reserve the right to block your access to the Site.
We are committed to full compliance with U.S. copyright law pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that material on the Site infringes upon your rights, please send a notice of copyright infringement to dmca@Yoxi.com (or alternatively via certified mail to Yoxi, C/o DMCA Takedown Agent, 510 Laguardia Place, 4th Floor, New York, NY 10012) containing the following information:
- Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
- Identification of the material on the Site claimed to be infringing including the specific location within the Site of the allegedly infringing material;
- Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
- A statement that you have a good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
- Your digital or physical signature, as applicable.
We may change, suspend, or discontinue any aspect of the Site at any time. We may also impose limits on certain features or restrict your access to any or all of the Site without liability. We make no representation or warranty as to the completeness, accuracy or reliability of the information regarding the Social Innovation Rockstars™ on the Site, nor of any third-party sites or information that may be linked or otherwise referred to on the Site. You acknowledge that if you rely on such information, you do so at your own risk. Without limiting the generality of the foregoing, we may, however, correct any errors or omissions on the Site at any time.
We are making the Site available strictly on an "as-is" basis. We do not guaranty continuous, error-free, secure or virus-free operation of the Site, and you understand that you shall not be entitled to make any claim based on any of the foregoing. We make no representation or warranty of any kind whatsoever regarding the content of the Site. We expressly disclaim all warranties of any kind, written or oral, express, implied or statutory, including, without limitation, any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
Limitations of Liability; Indemnification; Dispute Resolution; Governing Law
The Company is a non-profit operation and we offer our services and access to our community free of charge. Making our services and community freely available entails some risk to us and because we are not making a profit with which to offset that risk, we must minimize those risks by incorporating the following into these Terms:
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, PARTNERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “YOXI PARTIES”) BE RESPONSIBLE FOR OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE, IRRESPECTIVE OF WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OCCUR. IN ADDITION, IN NO EVENT WILL THE COMPANY’S CUMULATIVE LIABILITY TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00) Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you.
You hereby agree to defend, indemnify and hold harmless the Yoxi Parties from and against any and all damages, liabilities, claims and expenses, including, without limitation, attorneys’ fees and costs, incurred by the Yoxi Parties in connection with any claim arising out of any breach (or any claim of breach) by you of these Terms. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
You hereby agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern these Terms, and any dispute that may arise between you and the Yoxi Parties. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the State of New York located in New York County, and you hereby consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING TO OR ARISING FROM THIS AGREEMENT, THE SITE SHALL BE FINAL AND BINDING ARBITRATION except that: (i) either of us may seek injunctive relief in state or federal court located in New York County, New York concerning infringement, misappropriation or other violation by either of us of the other party's Intellectual Property Rights, and (ii) the Company may seek injunctive relief in state or federal court located in New York County, New York concerning violation by a User of any of the User conduct rules set forth in this Agreement, and in both such cases (i) and (ii), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under these Terms shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU SHALL NOT BRING A CLAIM AGAINST THE COMPANY AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SITE BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
In addition to any method described in there Terms, you may contact us in the following ways:
General e-mail address: email@example.com
Webmaster e-mail address: firstname.lastname@example.org
Postal address: Yoxi, 510 Laguardia Place, 4th Fl., New York, NY 10012
General phone: 212-477-7262
General Fax: 212-477-7246