TERMS AND CONDITIONS
At YouHelp, ensuring that you raise the funds you need is our ultimate goal. The integrity of our platform is designed to give you confidence in your selection of YouHelp for your fundraising needs. Our services are built upon solid technologies coupled with the best cyber security features. If you are unsatisfied for any reason or have questions regarding proper usage of our services, please contact us at email@example.com or call (888) 240-1494 for professional assistance. At YouHelp, we help!
Please take a moment to review the following policies.
These Terms and Conditions are a legal agreement (this "Agreement") between you ("user," "you" or "your") and YouHelp, Inc. ("YouHelp," "we," "our" or "us"). As used in this Agreement, "Service" refers to YouHelp's crowdfunding campaigns and related payment processing services which are currently WePay by Chase for USA and Canada and PayPal for international account holders ("Payment Processor") , as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases), thereto provided to you by YouHelp, directly or indirectly.
When you use the Service, you are agreeing to the following terms of this Agreement.
ACCESS and USE of the SERVICE - The Service is offered as a Fundraising Platform to users of the website, which may include Campaign Organizers, Campaign Team Members, Donors, Readers, Promotions, and other registered and unregistered users of the Service (which may also include users who "like" or "follow" or “share” the campaigns or otherwise interact with the Platform or Service).
Notwithstanding other features, the Service is designed to allow a user (typically a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from people (“Donors”) wishing to contribute funds to the ("Campaigns") to benefit themselves, other person(s), a nonprofit organization or a business enterprise.
For purposes of this Agreement, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as the organizer of the campaign who has fiduciary control of the funds raised.
There are no fees to set up a Campaign. YouHelp does not charge any fees. Industry-standard payment processing fees do apply to each Donation and are charged by the payment processor. To learn more about the applicable payment processing fees, visit https://www.youhelp.com/ how-it-works.
The Service is a Platform - YouHelp is NOT a Broker, Financial Institution, Payment Processor, Creditor, Insurer or Charitable Institution.
YouHelp itself is not a professional charitable organization and is not affiliated with any entity that qualifies for 501(c)(3) status. Campaigns may and may not be charities to which you can make tax-deductible charitable contributions: The Service is solely an administrative platform.
YouHelp facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and any other entity. YouHelp has no control over the conduct of, or any information provided by, a Campaign Organizer, or any other user, and YouHelp hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by YouHelp through the Service is for informational purposes only, and YouHelp does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice.
Before making any decisions regarding any Campaigns, Donations, Donors, users or any products, services, information or content relating to the Service, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You further acknowledge that all information and content accessed by you using the Service is at your own risk.
YouHelp does not guarantee that a Campaign will generate a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or individual(s), and we make no guarantee, explicit or implied, that any information provided through the Service by any user(s) is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose.
As a Donor, it is incumbent upon you to make the final determination about the value and appropriateness of contributing to any Campaign, or Campaign Organizer.
All Donations you make are at your own risk. When donating to a Campaign or otherwise through the Service, it is your responsibility – and yours alone - to understand how your money will be used. YouHelp is not responsible for any offers, promises, rewards or promotions made or offered by Campaigns or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that any Donations will be used in accordance with any fundraising purpose prescribed by a Campaign or Campaign Organizer.
YouHelp assumes no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer. Although we do not have any obligation to verify that the use of any funds raised would be in accordance with applicable law and these Terms and Conditions, we do take possible fraudulent activity and the misuse of funds raised very seriously. In response to any complaints received, YouHelp will either investigate the complaint or immediately take a Campaign down, depending upon the severity of the complaint.
You can learn more about our Fraud Policy at http://www.youhelp.com/how-it-works. If you believe, for any reason, that a Campaign Organizer is not using the funds raised for their stated purpose, please go to https://www.youhelp.com/contact-us and alert us of this potential issue so that we can investigate. If you are a donor, you may also be covered by the YouHelp Guarantee. Policy details are located at https://www.youhelp.com/guarantee.
YOUR REGISTRATION OBLIGATIONS - You are required to register with YouHelp so that you may access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration page. Campaign Organizers must register using their true identities, including their name, social media accounts and any image or video purporting to depict the Campaign Organizer and/or the beneficiary of such campaign.
Certain aspects of our Service may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) to enable you to utilize those services. For example, WePay is one of YouHelp’s payment processing partners. When you use WePay’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, and never, under any circumstances, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered herein with our Platform.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize YouHelp, and YouHelp reserves the right to, provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
IF YOUHELP OR THE PAYMENT PROCESSOR AT ANY TIME DISCOVERS THAT THE INFORMATION YOU PROVIDED ABOUT YOU OR THE PURPOSE OF YOUR CAMPAIGN IS INCORRECT OR CHANGED WITHOUT INFORMING US, OR IF YOU VIOLATE ANY OF THESE CONDITIONS, THE SERVICES MAY BE SUSPENDED AND/OR TERMINATED WITH IMMEDIATE EFFECT AND FINES MAY BE APPLIED BY THE CREDIT CARD PROCESSOR AND/OR THE AUTHORITIES FOR UNREGISTERED USE OF PAYMENT SERVICES WHICH WILL IN SUCH CASE BE PAYABLE BY YOU.
YouHelp will assist and support you in your use of the Payment Processor services and we will provide you with first-line assistance to enable you to connect to the WePay’s or PayPal’s systems, as applicable to your location, so that you may use its services. For this purpose, you understand that you are instructing the Payment Processors to provide YouHelp with access to encrypted data and any related settings in their systems, which are used by the Payment Processor to provide the services and authorize us to manage these on your behalf (i.e., data being sent to your campaign dashboard on YouHelp which displays for you alone the campaign income and the public posting of the contributions on your campaign detail page and social media, and sending thank you emails, etc. )
TAXES - It is your sole responsibility to determine what, if any, taxes apply to any Donations you may receive through your use of the Service. Likewise, it is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
MEMBER ACCOUNT, PASSWORD AND SECURITY - You are responsible for maintaining the confidentiality of your password and associated account. Accordingly, you are fully responsible for any and all activities that may occur under your password and/or account. You hereby agree to (a) immediately notify YouHelp of any unauthorized use of your password and/or account --or any other breach of security, and (b) ensure that you logout from your account at the end of each session after you have accessed the Service. YouHelp will not be held liable for any loss or damage that may arise from your failure to comply with the security requirements set forth herein.
MODIFICATIONS TO SERVICE - YouHelp reserves the right to add to, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). While we endeavor to provide you with notice of any such modification, suspension or discontinuance, you agree that, to the extent permitted by law, YouHelp will not be liable to you for any addition to, modification, suspension or discontinuance of the Service as outlined in these Terms and Conditions.
PUBLIC CONTENT DISPLAYED – Your content on the Platform is public, such as content you post publicly on the Platform. However your street address, email address and phone number are not public (unless you post them within a campaign description) but you can be contacted through our secure system. The name of your donors is not public if they choose to be anonymous. The amount donated is public and the comment.
DISPLAY AND REMOVAL OF CAMPAIGNS - If your campaign is not raising funds for any 15 consecutive day period it may be removed from the home page, donate pages, category pages and the slider. Your campaign will still be visible from your campaign page URL. When you receive a campaign contribution, the campaign will again be visible on the public pages. After 90 days of no funds, a campaign will be terminated.
PROMOTIONS - YouHelp does allow you to give perks for donations – with clearly stated values for which you will give those perks If you offer a perk you will take full responsibility for the fulfillment of the Promotion in a timely fashion.YouHelp does NOT permit you to offer any contest, competition giveaway, sweepstakes on or via the Service without our explicit prior written consent. You may seek such permission by sending an email to firstname.lastname@example.org and by signing up for our Service.
If we give our consent, you will take full responsibility for the Contest, and you agree that: (a) such Contest shall comply with all applicable laws; (b) you are solely responsible for every aspect of the Contest, including without limitation any prizes offered; (c) you may not use YouHelp’s name, trademarks, logos, or service marks or any other YouHelp intellectual property in the rules or any other materials relating to the Contest without YouHelp’s express written consent; (d) the Contest does not require making a Donation as the only way to enter; (e) the Contest is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) the Contest may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, tobacco or any other activities prohibited by these Terms and Conditions, You will include the following provisions within your official rules for any Contest that you choose to administer or publicize on the Service: (i) YouHelp does not sponsor, endorse or administer the Contest; (ii) each participant or entrant in the Contest releases and indemnifies YouHelp from any and all liability and (iii) all questions concerning the Contest must be directed to you and not to YouHelp. On a case by case basis YouHelp reserves the right to suspend, cancel, or discontinue any Contest conducted in connection with the Service at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions we deem necessary, in our sole discretion, to protect our users, business partners, primary business, or the public.
GENERAL PRACTICES REGARDING USE AND STORAGE - You acknowledge that YouHelp may establish general practices and limits concerning use of the Service, including without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on YouHelp's servers on your behalf. You agree that YouHelp has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that YouHelp reserves the right to terminate accounts or Campaigns that are inactive for an extended period, provided that YouHelp will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign that has a positive Donations balance. You further acknowledge that YouHelp reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you adequate notice of any such change where required by applicable law.
MOBILE SERVICE - The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, and (ii) the ability to browse the Platform from a mobile device and (collectively, the "Mobile Service"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the Mobile Service may be prohibited or restricted by your carrier, and not all Mobile Service may work with all carriers or devices. By using the Mobile Service, you agree that we may communicate with you regarding YouHelp and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Service may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. Should you change or deactivate your mobile telephone number, you agree to promptly update your YouHelp account information to ensure that your messages are not sent to an incorrect recipient.
CONDITIONS OF USE - USER CONDUCT - You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that are uploaded, posted, published or displayed (hereinafter, "Uploads"), transmitted or otherwise used via the Service. You agree to fully cooperate with any request by YouHelp for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms and Conditions.
The following are examples of the kind of content and/or use that is illegal or prohibited by YouHelp. This list, however, is not exhaustive and YouHelp reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in YouHelp's sole discretion, violates any of the terms or spirit of these Terms and Conditions (or the principles described in our preamble herein), including, without limitation, removing the offending content, suspending or terminating the account of such violators, prevent payments to any such Campaign, freezing or placing a hold on donated funds when YouHelp reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Service to:
DONATIONS - Additionally, with respect to all Donations you make or accept through the Service, you agree:
YouHelp reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms and Conditions or harm the interests of our users, business partners, the public, or YouHelp, or that expose you, YouHelp, or others to risks deemed unacceptable to us. We may share any information related to your use of the Service with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Service.
To contribute to a Campaign, a Donor will be required to provide YouHelp information regarding a credit card or other payment instrument (“Payment Method”) that is linked to the Donor’s account on the Service (a “Billing Account”). All payment information is sent in encryption form and is not saved to the YouHelp site. You, as a Donor, represent and warrant to YouHelp that such information is true and that you are authorized to use the applicable Payment Method. You agree that a $5 minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless YouHelp, in its sole discretion, agrees to issue a refund, for example in accordance with the YouHelp Guarantee.
YouHelp uses third-party payment processing partners to bill you through your Payment Method and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., WePay LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms and Conditions, including WePay’s Terms and Conditions, PayPal’s Terms and Conditions, and PayPal Giving Fund’s Terms and Conditions.
ACCOUNT HOLDS - From time to time, the Processor or YouHelp may notify the Processor to place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms and Conditions, or (iv) if the Processor or YouHelp determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at email@example.com
WITHDRAWING DONATIONS FROM A CAMPAIGN - You, as a Campaign Organizer, are responsible sooner than 14 days of connecting to the Processor to provide all required information on the Payment Processor’s website and reply to ALL emails from the payment processor, ensuring that the information you provide to the Processor in order to process a Withdrawal, including your bank account information, is accurate and up to date. The Processor may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. YouHelp is not responsible for any consequences caused by the Processor issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that YouHelp is not liable to compensate you in any way for any loss, and you hereby indemnify and hold harmless YouHelp.
As a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), you may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or, in certain cases, by receipt of a paper check. Although YouHelp strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and YouHelp does not guarantee that Withdrawals will be available to you within any specific time frame, and YouHelp expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.
SERVICE CONTENT, SOFTWARE AND TRADEMARKS - You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by YouHelp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined herein) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by YouHelp from accessing the Service (including by the blocking of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of YouHelp, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by YouHelp.
The YouHelp name and logos are trademarks and service marks of YouHelp (collectively the "YouHelp Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to YouHelp. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of YouHelp Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of YouHelp Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will YouHelp be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that YouHelp does not pre-screen content, but that YouHelp and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Service. Without limiting the foregoing, YouHelp and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by YouHelp, in its sole discretion, to be otherwise objectionable.
USER CONTENT TRANSMITTED VIA THE SERVICE - With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Service, you hereby grant and will grant YouHelp and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the Contest, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless YouHelp and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all of the necessary licenses, waivers and releases from such person(s) for the benefit of YouHelp in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Service and submission of User Content is strictly voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or YouHelp's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Service.
We do not guarantee that any Service Content will be made available through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Service Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to any such Service Content or User Content, or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Service Content or User Content from the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to YouHelp are non-confidential and YouHelp will be entitled to the unrestricted use and dissemination of these Submissions for any and all purposes, commercial or otherwise, without acknowledgment or compensation to you.
You further acknowledge and agree that YouHelp may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YouHelp, its users or the public.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD – YouHelp follows PCI DSS (Payment Card Industry Data Security Standard). The Payment Card Industry Data Security Standard (PCI DSS) is a widely accepted set of policies and procedures intended to optimize the security of credit, debit and cash card transactions and protect cardholders against misuse of their personal information.
YouHelp has invested in an SSL Certificate to keep the Platform and online transactions secure with strong encryption, protecting any sensitive data the Platform may be collecting. They have become a standard for safety when it comes to trust and reputation in online security. We have purchased an SSL Certificates from GlobalSign®, one of the most respected names in the industry.
As a service provider, YouHelp is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
UPDATES - YouHelp offers the Service exclusively through its website ("Platform"). The Platform may update the Acceptable Use Policy Terms and Conditions of the Service updated, changed, or modified from time to time via these Terms and Conditions at our sole discretion; accordingly, you should periodically review these Terms and Conditions. Any changes posted will be indicated on this page along with a date/time stamp that indicate the revision’s effective date. We will make every reasonable effort to notify you, either through the Platform’s user interface, via email notification, or through other reasonable means, and unless otherwise stated, YouHelp may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, text, WhatsApp, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Service or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms and Conditions governing the Disputes section shall be made as specified therein.
Your continued use of the Service after the date upon which revisions become effective constitutes your acceptance of the new Terms and Conditions. To the extent allowed by law, the English version of these Terms and Conditions is binding and other translations are for convenience only. If you do not wish to accept the new Terms and Conditions, you may discontinue your use of the Service.
This Agreement incorporates by reference all policies, notices, and other content that appear on our website at www.youhelp.com as well as policies, notices, and other content concerning the Service that appear on the Platform's website (collectively, the "Website").
COPYRIGHT COMPLAINTS - YouHelp respects the intellectual property of others; accordingly, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify YouHelp of your infringement claim in accordance with the procedures set forth herein.
YouHelp will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to YouHelp's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Violation Report").
To be effective, the notification must be in writing and contain the following information:
COUNTER-NOTICE - If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
If a counter-notice is received by the Copyright Agent, YouHelp will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, between 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringement Policy - In accordance with the DMCA and other applicable law, YouHelp has adopted a policy of terminating, in appropriate circumstances and at YouHelp's sole discretion, users who are deemed to be guilty of repeat infringements. YouHelp may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICE - The Service or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). YouHelp has no control over such Third-Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and YouHelp is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that YouHelp is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of any such Third-Party Resources. You further acknowledge and agree that YouHelp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Service are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that YouHelp is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE - You agree to release, indemnify on demand and hold YouHelp and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Donation or Campaign, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another. If you are a Florida resident, you waive Florida Statutes Section 559.951 - Internet Sales; Prohibited Practices, which says: " A violation of this section is deemed an unfair or deceptive trade practice within the meaning of part II of chapter 501. A person who violates this section is subject to the penalties and remedies provided therein." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Disclaimer of Warranties - your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. YouHelp and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
YouHelp and its affiliates make no warranty or condition that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Limitation of Liability - you expressly understand and agree that, to the fullest extent permitted by applicable law, neither YouHelp nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if YouHelp has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) any contests and related prizes or rewards made available through the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service. To the fullest extent permitted by applicable law, in no event will YouHelp's total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount you have paid YouHelp in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms and conditions, your sole and exclusive remedy is to discontinue use of the services.
DISPUTES - ARBITRATION CLAUSE & CLASS ACTION WAIVER- Arbitration waiver of trial by jury. You agree that all disputes between you and us or any of our officers, directors or employees acting in their capacity as such (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms and conditions, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the JAMS INC. (“JAMS”) rules for arbitration of consumer-related disputes, and you and we hereby expressly waive trial by jury; provided, however, that we or you may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant it in the event of an actual or threatened infringement or misappropriation of intellectual property rights. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
PROCEDURES - These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned.
30-DAY OPT-OUT PERIOD - If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms and Conditions. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms and Conditions after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms and Conditions. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms and Conditions; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
SEVERABILITY - If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including without limitation the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if YouHelp makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the JAMS Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
TERMINATION - You agree that YouHelp, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service under reasonable circumstances, including, without limitation, for lack of use or if YouHelp believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be affected without prior notice and acknowledge and agree that YouHelp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service where such deactivation or deletion is permitted under these Terms and Conditions. Further, you agree that YouHelp will not be liable to you or any third party for any termination of your access to the Service.
USER DISPUTES - You agree that you are solely responsible for your interactions with any other user in connection with the Service and YouHelp will have no liability or responsibility with respect thereto. YouHelp reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GENERAL - These Terms and Conditions constitute the entire agreement between you and YouHelp. The mailing address for any disputes is available upon request.
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