Terms & Conditions
Last Update: June 2019
OVERVIEW
This website YOOKIDOO.COM (the “Website”) is owned and operated by Domestic Marketing Services LLC ("DMS" or "We" or “Our” or “Us”).
We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using the Website or purchasing from Us, you indicate your consent to these terms and conditions (“Terms of Service” or “Terms”) and agree to be bound by them, including those additional terms and conditions and policies referenced therein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content. Please read these Terms before accessing or using our Website. If you do not agree to the Terms, please cease use of the Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms, you represent that you are at least in the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this Website.
You may not use this Website and Our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
Any new feature or tools added to the current store shall also be subject to the Terms of Service.
We may at any time revise, update, change or replace any part of these Terms of Service by updating this posting and /or make changes in the Website. You are bound by any such revisions and should, therefore, periodically visit this page to review the current Terms to which you are bound. Your continued use of or access to this Website following posting of any changes constitutes acceptance of those changes.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
Ownership
All materials on this Website, including but not limited to text, graphics, images and links (the "Content"), are either the sole property of DMS, or used with exclusive license, and are protected by proprietary rights including, amongst others, by copyright. Therefore, you may not copy, download, upload, reproduce, modify, distribute, publish, display or prepare derivative works based on, repost, transmit or otherwise use the Content of the Website. The use of the Content by you, or anyone else authorized by you, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity and communications regulations and statutes, unless specifically permitted by these Terms.
The trademarks and logos displayed on the Website are used by Us with exclusive permission. Nothing contained on the Website will be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Website. Your misuse of the trademarks displayed on the Website, or any other content on the website, except as provided herein, is strictly prohibited. Failure to comply will constitute breach of contract and will violate Our and/or a third party’s proprietary right.
You acknowledge and agree that you have no right or title to any Content on the Website and you shall have no ownership or any other proprietary interest in your user account on the Website, and you further acknowledge and agree that all rights in and to your user account are and shall forever be owned by and inure to the benefit of DMS.
Prohibited Use
You acknowledge and confirm that you are prohibited from using the Website and/or its Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws or local ordinance; (iii) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others - in general and in relation to the Yookidoo® brand in specific; (iv) to submit false or misleading information; (v) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related websites; (vi) to collect or track the personal information of others; (vii) to spam, phish, pharm, pretext, spider, crawl or scrape; (viii) for any obscene or immoral purpose; or (ix) to interfere with or circumvent the security features of the Website or other related websites.
No License
This Website is available only for your personal, non- commercial use, which shall be limited to viewing this Website, providing information to the Website and ordering products. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, design patent, copyright or other proprietary or industrial right of DMS or any third party.
Prices
Prices offered on this Website and in retail stores may differ, since each may choose to offer items at different prices or may run different promotional events at different times. Therefore, prices and promotions offered on this Website may not apply in stores. You may want to make a comparison for yourself by checking the prices of other local retailers or authorized online retailers prior to making a purchase. Prices and availability of products are subject to change without notice.
We maintain no responsibility for inadvertent errors. Please contact Us within 24 hours regarding price or promotion discrepancies. When you place your order with us, you agree to the price and Terms indicated on the Website. Price differences related to future or past prices are not refundable.
We reserve the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase when your order is cancelled, we will issue a credit to the payment method used in the amount of the charge. Individual financial institute policies will dictate when this amount is credited to your account.
We may, in our sole discretion, create discounts and promotional codes, which may be subject to additional terms that we establish on a per promotional code basis. You acknowledge that such discounts and/or promotional codes may: (i) be disabled by Us at any time for any reason, without liability to us; and (ii) expire prior to your use.
Products
We have made every effort to display as accurately as possible the colors and images of the Yookidoo® Products as they appear on the Website. However, since the pictures on the Website are presented to you via the screen of the device you are using and/or are printed, there may be variations between the appearance of goods on screen and their actual appearance.
Payment Terms
In order to make a purchase, you must provide a valid credit card and/or payment information. We accept these payment methods:
- Credit Cards: Discover, MasterCard and Visa
- PayPal
- Shopify
Your payment provider agreement governs your use of the designated credit card and you must refer to that agreement and not to these Terms, in order to determine your rights and liabilities. Please be aware that We cannot resolve credit card problems with your payment provider and/or financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution. If a credit card authorization fails, We reserve the right to cancel your order without notifying you.
By providing your payment information you hereby authorize DMS to immediately charge your credit card for all fees and charges due and payable to DMS or credit your credit card for any refunds owed, and that no additional notice or consent is required. If you use the third party payment service provider offered by us as in above, you hereby consent and authorize Us to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms.
The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. You agree to immediately notify DMS of any change in your billing address or the credit card used for payment.
DMS reserves the right in its sole discretion to change its prices and billing methods.
Shipping & Returns
Our Shipping and Returns policy is available here.
Accuracy and Account Information
You agree to provide current, complete and accurate purchase information for all purchases made on this Website, including your email address and credit card number and expiration dates, so We can complete your transactions and contact you as needed.
If you create an account, you agree that you will: (i) create only one account; (ii) provide current, complete and accurate information regarding yourself; (iii) keep your information updated and accurate; (iv) keep your account password private and not share it with others; and (v) notify DMS if you discover or suspect that your account has been hacked or its security breached. You agree to take responsibility for all activities on or under any account you may have registered in this Website and accept all risks for any unauthorized use of your account.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Website and to block or prevent future access to and use the Website and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Website will survive such termination. You agree that if we disable access to your account, you may be prevented from accessing the Website, your account details or any files or other content which are contained in your account.
Errors, Inaccuracies and Omissions
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on any related website, should be taken to indicate that all information in the Website has been modified or updated.
User Comments, Feedback and Other Submissions
If you send certain specific submission (for example contest entries), feedback, comments, creative ideas, suggestions, plans or other materials (“Submission”)- whether with or without our request, and whether online, by email, by postal mail or otherwise, you agree that we may, at any time and without restriction, edit, copy, reproduce, publish, distribute, translate and otherwise use in any medium any such Submission that you forward to us. We are and shall be of no obligation to maintain any such Submission in confidence and/or pay compensation for any Submission and/or respond to any Submission.
While we welcome your Submission on the Website and the Yookidoo® products, We do not seek to solicit any confidential or proprietary information, ideas, suggestions, materials or other information relating to development, design, manufacturing or marketing ideas. By making any Submission, you confirm that your Submission will not violate any right of third-party, including copyright, trademark, privacy, personality or other personal or proprietary information. You may not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Us or third parties as to the origin of any Submission. You are solely responsible for any Submission you make and its accuracy. We do not take nor assume any responsibility and/or liability for any Submission you made.
Privacy
Our privacy policy, which can be found here, describes the data we gather about or from users of the Website and how we process, use and share that data. Please note the Website is hosted by Shopify. You acknowledge and agree that your use of the Website may include having your personal information transferred and stored by Shopify, pursuant to their privacy policy, which is available at https://www.shopify.com/legal/privacy. Please make sure to read Our privacy policy and Shopify’s.
Security
Protecting the security of your personal information is important to us. We use reasonable precautions to protect our users' personal information and to store it securely. Sensitive information that is transmitted to us online is encrypted and is transmitted to us securely. In addition, access to all our users' information, not just the sensitive information mentioned above, is restricted. Only employees who need the information to perform a specific job are granted access to personal identifiable information. The servers on which We store personally identifiable information are kept in a secure environment. Unfortunately, however, while we strive to protect your privacy, no data transmission over the internet can be guaranteed for 100% security. You acknowledge agree that any personal information you submit to Us online is at your own risk. DMS is not liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Website.
DMS also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property due of your access to, use of, or browsing on the Website or your copying of any Content from it.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that DMS provides access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content and services available via the Website may include materials from third parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. DMS is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Mobile Access
If you use a mobile device to access the Website, you acknowledge and agree that you are solely responsible for all data charges that may apply to the use of your device to access the Website or any related services, and that all such charges are billed and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and further details. You acknowledge that service may not be available at all times and may be affected by product, software, coverage or service changes made by your mobile service provider. By accessing or using this Website via a mobile device, you agree to these Terms and to any applicable terms of mobile app you may use.
Disclaimers
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
The information We publish on the Website is provided as a convenience only and for informational purposes. Specifically, the information is designed to be informative, and does not attempt to contain any psychological, behavioral or medical professional opinions.
While DMS attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice.
Yookidoo® products described on the Website may not be available in your region. DMS does not claim the information on the Website is appropriate to your jurisdiction or that the products described in the Website will be available for purchase in all jurisdictions. We may, from time to time, without prior notice and at our sole discretion, remove the service provided on this Website for indefinite periods of time or cancel them at any time.
You expressly acknowledge and confirm that your use of the Website is at your sole risk. Everything provided on this Website, except as specifically expressed by us, is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, whether expressed or implied.
DMS does not warrant that the Website is free of computer-viruses, bugs or other harmful components. DMS does not warrant that functions and/or information contained in the Website are error-free or that errors will be detected. DMS has no duty to update the Website or modify its content or code and will not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Website before relying upon it.
In no case shall DMS, its officers, directors, employees, affiliates, agent, suppliers, service providers or licensors be liable for any loss, claim or any direct or indirect, incidental or consequential damages of any kind arising out of or in connection with your use of this Website or any product offered on this Website or any service made available via the Website.
In some states or jurisdictions, it is not allowed to exclude or limit the liability or consequential or incidental damages. In such states or jurisdictions Our liability shall be limited to the maximum extent permitted by law.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless DMS and its parents, affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities and settlements (including, without limitation, reasonable legal and accounting fees) resulting (or alleged to result) from your use of the Website in any manner that violates or is alleged to violate applicable law or these Terms of Service and/or breach of these Terms of Service.
Waiver
These Terms of Service constitute the entire agreement between you and DMS with respect to the use of this Website. DMS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Term
The Terms commence on the date when you accept them, as described in the preamble above, and remain in full force and effect while you use of the Website.
Governing Law
Any action arising out of or relating to these Terms of Service shall be filed only in the courts located in Maryland and the parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact
If you have any questions, comments or concerns about these Terms of Service or your use of this Website, please contact us by sending an email to yookidoo@domestic-marketing.com or via phone: 800.355.4987.
