Effective as of September 6, 2012Terms of Service
Agreement to terms of service
Welcome to Ayoopa. Ayoopa provides an Online Rental Marketplace[TM] where individuals and businesses can rent items and services (the
Service) Ayoopa provides the Service at its website located at www.Ayoopa.com (the
Website). The Service and the Website are owned by Ayoopa (
Ayoopa) BY USING THE WEBSITE AND/OR THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE (
TERMS OF SERVICE). IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR THE SERVICE.
Please read these Terms of Service carefully. This is a legal agreement between you and Ayoopa. Provided you agree and comply with these Terms of Service and such other policies and restrictions as Ayoopa may put in place from time to time, Ayoopa grants you a personal, limited, revocable right to access and use the Website.
Ownership of website and content
The Website is the property of Ayoopa. All content, including, without limitation, all text, including descriptions and feedback, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively,
Content), and the design and arrangement of such Content, on the Website is owned, controlled or licensed by or to Ayoopa, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
If you post Content on the Website, you grant Ayoopa a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable right to use, modify, perform and/or display, reproduce and distribute and any other copyright rights you have in such Content, in any media and any form. By posting Content on the Website, you represent and warrant to Ayoopa that you have the right to grant Ayoopa the rights above.
Your use of the website
You may not copy, reproduce, display, transmit or distribute any part of the Website or the Content in any way without Ayoopa's prior written consent.
You may not use any process or means (including circumventing security protocols or the navigational structure of the web site) to access any information not purposely made available by Ayoopa through the Website. You may not attempt to gain or actually gain unauthorized access to any portion or feature of the Website, or any other systems connected to the Website, or to any of the services offered on or through the Website, by illicit or illegitimate means.
You may not use any means to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not manipulate or falsify any transmittal (including data and personal information) you send to Ayoopa or any other user through the Website.
You may not use the Website or any Content for any unlawful purpose, including the solicitation of any unlawful activity, or other activity that infringes the rights of Ayoopa or others.
You are solely responsible for your conduct and any Content, including, without limitation, data, files, text, information, graphics, photos, profiles, audio, and video clips, links or any other material that you submit, post, display, transmit through the Website any activity that occurs under your username, and keeping your password secure.
You may not abuse, harass, threaten, impersonate or intimidate other Ayoopa users through the use of the Service.
You may not take action to undermine the feedback or rating system such as displaying, importing or exporting feedback information to or off the site or for using it for purposes unrelated to Ayoopa.
You may not modify, adapt, or hack into Ayoopa or modify another website so as to falsely imply that it is associated with Ayoopa.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Rental Service Restrictions
You may not use the Service if you are unable to complete the rental transaction, including, without limitation, (1) you are not able to form binding legal contracts (such as if you are under the age of 18), (2) you are not able to fulfill your responsibilities under the applicable listing (for example, making payment if you select an item to rent or providing the applicable item if you list an item for rental), or (3) your posting of an item or selection of an item to rent would violate any law, rule or regulation applicable to you.
You may not use the Service for any purpose except the listing of items for rental or the selection of an item for rental, including, without limitation, false or deceptive advertising, distribution of viruses or malicious content, and/or posting of spam or the gathering of information about users of the Service without consent.
You may not misrepresent an item you post for rental, including, mis-categorizing an item, disclosing false or misleading information about the item, including its capabilities, or failing to adequately describe an item or the terms of rental for such item.
You may not list any item for rental that you do not have the power and authority to make available for rental to users of the Website.
You may not use the Service except in compliance with the rules established by Ayoopa from time to time.
You may not circumvent the rental process.
You may not provide other users with your telephone number, email, and/or internet address when communicating with them through the Website, until you have accepted the rental transaction.
You may not list any item or link or post or request or offer to lend or rent any related material that infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy), constitutes libel or slander or is otherwise defamatory, and/or is counterfeited, illegal, stolen, or fraudulent.
Renters can use Ayoopa for free.
Listers and companies may list items for free. If there is a successful transaction using Paypal you will be charged a transaction fee of 10%.
Fees for successful transactions will be paid using Paypal
All fees on Ayoopa are in US Dollars. Currency conversion is handled automatically by our payment processing service.
You may not list any item that is on our Restricted Items List
You must register in order to use the Service. In order to register, you need to provide, among other information, a valid email address, and a valid shipping and billing address. To register as a
Lister you will also need to provide a valid form of payment (Visa, Master, American Express, Discover or PayPal).
You represent and warrant that all registration information you submit is true, correct and complete and that you agree to maintain the accuracy of such information.
As a party to any renting or sharing transaction, you agree to be bound by the terms of the transaction that you negotiate with your rental partner, including, but not limited to, those related to deposit, repair, replacement or compensation for loss or damage of rented items.
Additional terms and conditions
The Website may contain additional terms and conditions for the use of certain features of the Website, which terms and conditions will be set forth on the Website in proximity to the applicable feature. Your use of such features of the Website constitutes your acceptance of such additional terms and conditions.
Ayoopa may offer a basic form rental contract for your rental transactions. Your use of any such contract is at your own risk.
Ayoopa may establish limits concerning the use of the Service including, but not limited to maximum number of days your Content will be retained, the maximum number and size of postings, the number of email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
You acknowledge and agree that data transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
This Website may contain links to other independent third-party web sites (
Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Ayoopa's control, and Ayoopa is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
AYOOPA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN
AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE OR ALTERATION WITHOUT NOTICE. AYOOPA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AYOOPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AYOOPA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING OTHER USERS, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY AYOOPA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THE SERVICES AYOOPA OFFERS ON THE WEBSITE. YOUR SOLE REMEDY AGAINST AYOOPA FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Ayoopa shall not be liable for the deletion or failure to store any content maintained or transmitted by the Service.
Ayoopa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Limitation of liability
Except where prohibited by law, in no event will Ayoopa be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Ayoopa has been advised of the possibility of such damages. You acknowledge and agree that Ayoopa is not involved in the actual rental transaction between users. We make no representations or warranties regarding, and no guarantees about, the accuracy of listings, the ability of renters to pay for rentals or the ability for listing users to supply the product listed.
If, notwithstanding the other provisions of these Terms of Service, Ayoopa is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, Ayoopa's liability shall in no event exceed the greater of (1) the total of any listing fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against Ayoopa (but not including the purchase price for any Ayoopa products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity and release
You agree to indemnify and hold Ayoopa, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Ayoopa by any third party due to or arising out of or in connection with your use of the Website. If you have a dispute with another user(s), you agree to release Ayoopa and its officers, directors, agents, employees and representatives from any claims, demands, actions, losses, damages of every kind and nature, whether known or unknown, arising out of such dispute. If you are a California resident, you are to waive the application of California Civil Code Section 1542 which states:
A general release does not extent to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Violation of these terms of service
You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ayoopa, for which monetary damages would be inadequate, and you consent to Ayoopa obtaining any injunctive or equitable relief that Ayoopa deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ayoopa may have at law or in equity. You agree that Ayoopa will not be liable to you or to any third party for termination of your access to the Website for any reason.
Governing law; Dispute resolution
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Houston, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
If a dispute arises out of or relates to this Agreement, or the breach thereof, you agree to try in good faith to settle the dispute by contacting the Ayoopa directly.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, you agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot not be solved through negotiation, or mediation, you agree to settle the dispute by arbitration administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures and its Consumer-Related Disputes Supplementary Procedures before resorting to litigation, or some other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void where prohibited
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. Any offer for any feature, product or service made on the Website is void where prohibited. You are solely responsible for complying with applicable local laws.
You may not use the Website or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. No agency, partnership, joint venture, or similar relationship is created by your use of the Website. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Ayoopa with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Ayoopa with respect to such use are hereby superseded and cancelled. Ayoopa will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Ayoopa's failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Ayoopa of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Ayoopa and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
Updates; Termination or suspension of access
The information contained in this Website, including policies, prices and services offered, is subject to change at any time and without notice, and Ayoopa makes no commitment to update the materials on the Website, including information that may be out of date.
Ayoopa reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Website, or any portion thereof, or interrupt the operation of the Website, or any portion thereof.