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Terms & Conditions
Yuhav Terms of Service
Welcome to yuhav! You're reading our Terms of Service ('Terms'), an agreement between you and yuhav, Inc. ('yuhav') for your use of our services platform. Our services platform helps to encourage socially conscious consumer purchasing by enabling consumers ('Consumers') to share information and concerns about products, services and/or companies, and users (Consumers or otherwise) to create campaigns about certain Causes (defined below) ('Campaigns'). The users who create campaigns are called 'Campaign Creators'. The platform is available at www.yuhav.com (the 'Site') and through our mobile app ('App'). To make these Terms easier to read, our platform, the Site and the App are collectively called the 'Services'.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, 'you' and 'your' will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site and App or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: IF YOU ARE ACCESSING AND USING THE SERVICES AS AN INDIVIDUAL (NOT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY), UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE 'AGREEMENT TO ARBITRATE' SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE 'AGREEMENT TO ARBITRATE' SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BUYCOTT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Services for Consumers and Campaign Creators
We want to make it clear that yuhav is a technology services and platform provider. Through the Services, we offer a technology service and platform to allow Consumers to comment on and raise concerns about products, services, and/or companies ('Causes') and to connect with one another.
The Services also enable Campaign Creators to create Campaigns addressing Causes. Anyone can create a Campaign, whether or not you are doing so as a Consumer, on behalf of a company, or otherwise. Whatever your role, if you create a Campaign, you are a Campaign Creator. Your Campaign can be directed towards a Cause both positively and negatively, or it can sit somewhere in between. We don't mind what your Campaign is about, as long as it relates to a Cause and complies with these Terms of Service, including the Acceptable Campaign Policy set out below.
If you choose to create a Campaign, you represent and warrant to us that your Campaign is for a legitimate Cause; and that the information you provide about the Campaign is accurate. You are solely responsible for the integrity and legality of your Campaign. Through the Services, we want to stimulate conversations about socially conscious purchasing, so we encourage you to keep that in mind as you create your Campaign. Yuhav isn't there for you to vent your concerns about anything and everything. We want to have as many Campaigns as possible on the Services, but we reserve the right to reject or remove a Campaign for any reason in our absolute discretion.
Who May Use the Services
You may use the Services only if you are 13 years or older and capable of forming a binding contract with us, and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, including the App, you'll have to create an account ('Account'). You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an 'SNS Account'). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services ('Feedback'). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Yuhav and the Services are about giving Consumers, Campaign Creators and other relevant third parties a voice in relation to socially conscious purchasing. We provide the Services, but the Services are about sharing your voices, not ours. We don't endorse any Campaigns or the Causes to which they are directed. Nor do we have any obligation to screen or vet Campaigns or Causes. We're not responsible for any damage or harm resulting from your communications or interactions with other Consumers, Campaign Creators or other third parties (such as a company that makes or markets the product that is the subject of a particular Campaign or Cause). Campaign Creators are not employees, agents or otherwise contractors of yuhav and we do not, in any way, supervise, direct, or control Campaigns.
Content and Content Rights
For purposes of these Terms: (i) 'Content' means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) 'User Content' means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
As a Consumer, you might provide User Content in the form of posting a review about a certain company, or a photograph of a certain product that is the subject of a Campaign. As a Campaign Creator, you might provide User Content in the form of posting a description of your Campaign, or providing updates as to the Campaign's progress.
Content Ownership, Responsibility and Removal
We don't claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
Notwithstanding the foregoing, we give you choices about how your User Content is distributed outside the Services and/or to third parties. For example, you can choose via the functionality of the Services whether or not you would like your User Content to be pushed to social media platforms such as Facebook and/or Twitter. If you choose this option, you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to distribute your User Content to the social media platforms that you select, via the Services.
You can also choose whether or not you allow us to communicate your User Content to third parties; for example, we might ask you if we can pass on your review of or comments about a certain product or company that is the subject of a Campaign, or purchasing information, to the company in question or the company that makes and/or markets that product. If you choose this option, you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content to third parties for the purposes of allowing those third parties to engage in the conversation about socially conscious purchasing. If you allow us to communicate your User Content in this way, sometimes we might anonymize your User Content or amalgamate it in a de-identifying way with the User Content of other Consumers, but we don't guarantee to do so.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by yuhav on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Where we have pushed your User Content to Facebook or Twitter, you understand and agree that we can't do anything about removing or deleting your User Content from these third party services ' you have to contact those third party services and request removal directly from them. In addition, when we communicate your User Content to third parties, we cannot recall your User Content. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content, whether from the Services or otherwise. Therefore, we encourage you to be careful about what you post!
Rights in Content Granted by Us
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.