1. Changes to Terms
We updated these Terms effective as of the date set forth above. We reserve the right to update these Terms at any time in our sole discretion, with or without advance notice. We will post any changes to this page on the Services. We encourage you to periodically review these Terms to stay informed regarding these Terms.Your continued use of the Services constitutes your agreement to the then posted version of these Terms.
2. Local Compliance
We make no representation that the Content (defined below) on the Services is appropriate pursuant to your local laws or regulations. If the Services or the Content, including the services and software described, is contrary to your local laws or regulations, you are not authorized to access or use the Services. If you access the Services from locations outside than the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Services.
You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Services or Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way exploit the Services or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Services or Content; (iv) disassemble, decompile or reverse engineer the Services or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Services or our or any third party systems, or gain any unauthorized access to our systems or to third party systems or accounts; (vi) interfere with or disrupt the operation of the Services or any third party systems; (vii) violate any applicable local, state, national or international law; (viii) post or otherwise make available any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Services; (x) use the Services in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; or (xi) provide any false or misleading information or any information that you do not have the right to provide.
You represent and warrant that: (i) any information you provide to us will be complete and accurate, and you have all necessary right and authority to provide any information or Content that you provide; (ii) you are of legal age to form a binding contract, or your guardian is entering into this contract on your behalf; (iii) you will comply with all applicable laws; (iv) you will maintain the security and confidentiality of your login credentials and applicable devices; and (v) you will not use the Services to send any emails, text messages, or other communications to third parties without obtaining permission from such third parties in advance.
6. Intellectual Property
All Content is owned by us and/or various third parties. Nothing contained on the Services should be construed as granting any license or right to use any of the Content without our written permission. All designs, icons, illustrations, images, logos, materials, photographs, and writings on the Services are copyrights, trademarks, trade dress, and/or other intellectual properties owned exclusively by us and/or various third parties.Subject to your continued compliance with these Terms, we grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Content for your personal, informational and non-commercial use.
If you believe that any Content constitutes copyright infringement or that your intellectual property rights have been otherwise harmed, immediately notify us at [email@example.com]. Such notice must comply with the requirements of Title II of the Digital Millennium Copyright Act of 1998, available at the U.S. Copyright Office website
7. Third Parties
We may provide links to various other websites that may contain additional information about our company and products. Wedo not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Services). We do not endorse such third party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Services. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and we are not party to any such transactions or agreements. You are responsible for your interactions with any third parties.
8. Materials Sent to Us
9. Disclaimer of Warranties
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
YOU WILL DEFEND, INDEMNIFY, AND HOLD US, OUR PAST, PRESENT, AND FUTURE AFFILIATES, LICENSORS, LICENSEES, MARKETING PARTNERS, AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY DAMAGES, LOSSES, CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM: (I) YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF APPLICABLE LAW; OR (III) YOUR VIOLATION OF THESE TERMS.
You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.These Terms are governed by and will be construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of laws provisions thereof. The parties agree to arbitrate all disputes arising hereunder in Alexandria, Virginia in accordance with the then-current Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Alexandria, Virginia. These Terms and any agreements or policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision will be severed from these Terms the validity and enforceability of the remainder of these Terms will be unaffected.
14. App Store Downloads
If you download the “Yoin” mobile application (the “App”) through the Apple App Store, the following additional terms apply. You acknowledge that these Terms are between us and you only, and not with Apple. We, not Apple, are solely responsible for the App and Content. The license granted to you herein is non-transferable and you will only use the App on an iPhone, iPod, or iPad controlled and owned by you and subject to the Usage Rules in the App Store Terms of Service. You understand and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility, not Apple’s. We, not Apple, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
We welcome your questions or comments regarding these Terms. If you have any questions about the App or these Terms, you can contact us at:
Digital Giving Inc.
[25634 Elk Lick Rd. Chantilly VA 20152]