These Terms and Conditions of Use (the "Terms of Use") apply to the Yodify website located at www.yodify.com, all associated sites linked to www.yodify.com by Yodify, its subsidiaries and affiliates, including Yodify sites around the world (collectively, the "Site"), and all Yodify Services (as defined below). The Site is the property of Yodify, Inc. ("Yodify") and its licensors. By accessing or using the Site or the Content provided on or through the Site, you accept and agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site, the Content provided on or through the Site, and our Privacy Policy. By registering for a Yodify Account (as defined in Section 3 below) or using any Yodify Services (as defined below) in any manner, you accept and agree to be bound by these Terms of Use. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Through the Site, you have access to a variety of resources and content. These include:
- software and software as a service offerings (“Software”);
- text, visual interfaces, user interfaces, logos, trademarks, photographs, artwork, computer code, web pages, data, messages, images, graphics, sounds, audio and video such as podcasts and Webcasts, music, and documents such as press releases and white papers (collectively, "Materials") including but not limited to the design, structure, expression, "look and feel", selection, coordination, and arrangement of such content, contained on the Site is owned, controlled or licensed by or to Yodify, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws; and
- forums, discussion groups, chat areas, bulletin boards, blogs, wikis, email functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services");
- Software, Materials, Community Services, and other information, content, and services are collectively referred to as "Content".
The Yodify Terms of Use constitute a binding and enforceable legal contract between Yodify, Inc. and its affiliated companies and subsidiaries worldwide and you in relation to the use of any Yodify Services - so please read them carefully.
As long as you comply with these Terms of Use, Yodify grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The services that Yodify provides to you are subject to these Terms of Use. Yodify reserves the right, at its sole discretion, to update, modify, add, or remove portions of these Terms of Use at any time, without notice to you. It is your responsibility to check these Terms of Use periodically for changes. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of our webpages. When we make updates to the Terms of Use, Yodify will update the date at the top of this page. By using the Site after a new version of the Terms of Use has been posted, you agree to the terms of such new version. Refer to section 2 (Modifications) below for more information our modification and notification practices.
The terms "we", "us", "our", and "Yodify", as used in these Terms of Use, means the applicable Yodify Contracting Party (as defined in Section 28 below), and "you", "You", "Your", and "Client" means the Yodify Client (if registering for or using a Yodify Service as an individual), or the company employing the Yodify Client (if registering for or using a Yodify Service as a business) and any of its affiliates.
If you do not read, fully understand and agree to all of the Yodify Terms of Use, you must immediately leave the Yodify Site and avoid or discontinue all use of the Yodify Services.
Yodify provides a comprehensive platform that enables corporations, brands, distributors, resellers, representatives, wholesalers, OEM's, and merchants to consolidate their local and global catalog and/or e-commerce activities, and corporation-specific data libraries that can be stored, controlled, synchronized, and published across internal and/or external local, national, and international networks. In addition to other features, this proprietary platform provides a wide range of tools for Clients to build and customize online catalogs and stores, sell via multiple channels (including web, mobile, social media, online marketplaces, and other online locations ("Online Services"), manage products, inventory, fulfillment, payments, shipping, marketing and advertising, business operations, and engage with current and prospective Customers.
Yodify provides you with access to a variety of resources, products, materials, including developer tools, product creation tools and services, product information, updates, enhancements, new features, new tools, and/or the addition of new Web properties, all of which are subject to these Terms of Use, and any and all such service or services offered by Yodify are referred to as the "Yodify Service(s)" or the "Service(s)".
“Admin Portal”, "Administrative Portal" and "Yodify Administrative Portal" mean the password-protected internal administration page where Yodify Clients create and manage their Website.
“Client” means the Website Owner, all individuals with Team Member Accounts, an individual, organization, or group, including but not limited to a business or any other commercial entity, government, non-profit organization, or educational institution that uses the Service to educate, market and/or sell goods or services.
“Client Data” means information (including Personal Information) regardless of the media in which it exists (electronic or paper form) or how it is stored, accessed or transmitted (electronic, physical or oral) about, or relating to, a Client or Website, including product, business, and financial information concerning pricing, clients, providers, business agreements, business relationships, confidential, proprietary and intellectual property including ideas, formulas, trade secrets, original works of authorship, trademarks, service marks, patents, inventions, software, source code, designs, methods, and techniques, regardless if they are registered for protection under any patent, trademark or copyright laws, as well as any Customer Data.
“Customer” means any individual who visits or conducts a transaction via a Client Website.
“Customer Data” means information (including Personal Information) pertaining to a Customer, including order data, payment data, or account information.
“Personal Information” means any information relating to a natural person who can be directly or indirectly uniquely identified, in particular by reference to an identifier such as a name, a phone number, an email address, an online identifier, an identification number, location data, financial information, payment information (including payment card or bank account numbers), medical, or health information protected under any health data protection laws, genetic data, biometric data, government identifiers such as a social insurance number or passport number or any other information specific to a person. Personal Information also includes an individual’s ethnic or racial origin, sexual behavior or sexual orientation, political opinions, religious or philosophical beliefs, and union membership.
“Website ” means the Clients' Yodify-hosted catalog and/or online store (whether hosted by Yodify or on a third-party website) or any catalog or storefront built on top of the Yodify API connected to the Account. For clarity, a Client may have multiple Websites.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Use, including Yodify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and the Yodify API License and Terms of Use (“API Terms”) before you may sign up for a Yodify Account or use any Yodify Service.
Plain language summaries are supplied only for convenience and they appear in bold after each section, and they in no way define or explain any section or provision herein, and they are not legally binding. Please read the Terms of Use, as well as any documents referenced to in these Terms of Use, to gain a comprehensive understanding of your legal obligations. By using Yodify or any Yodify Services, you are agreeing to these terms. It is your responsibility to check these Terms of Use periodically for changes.