Terms and Conditions of Use
By choosing Yoonema, you agree to these conditions. Please read them carefully.
We offer a wide range of Yoonema Services, and sometimes additional terms may apply. When you use a Yoonema Service (for example, Shirt Derby or Yoonema applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Yoonema Service ("Service Terms"). If these Terms & Conditions of Use ("Conditions of Use") are inconsistent with the Service Terms, those Service Terms will control.
2/ Electronic Communication
When you use any Yoonema Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other Yoonema Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Yoonema Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Yoonema or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Yoonema Service is the exclusive property of Yoonema and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Yoonema trademarks.In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Yoonema Service are trademarks or trade dress of Yoonema in the U.S. and other countries. Yoonema's trademarks and trade dress may not be used in connection with any product or service that is not Yoonema's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yoonema. All other trademarks not owned by Yoonema that appear in any Yoonema Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yoonema.
5/ License and access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Yoonema or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Yoonema Services. This license does not include any resale or commercial use of any Yoonema Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Yoonema Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Yoonema or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yoonema Service, nor any part of any Yoonema Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yoonema. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yoonema without express written consent. You may not use any meta tags or any other "hidden text" utilizing Yoonema's name or trademarks without the express written consent of Yoonema. You may not misuse the Yoonema Services. You may use the Yoonema Services only as permitted by law. The licenses granted by Yoonema terminate if you do not comply with these Conditions of Use or any Service Terms.
6/ Your account
If you use any Yoonema Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Yoonema does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Yoonema Services only with involvement of a parent or guardian. Yoonema reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7/ Reviews, comments, communications and other content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Yoonema reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Yoonema a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Yoonema and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Yoonema for all claims resulting from content you supply. Yoonema has the right but not the obligation to monitor and edit or remove any activity or content. Yoonema takes no responsibility and assumes no liability for any content posted by you or any third party.
8/ Copyright complaints
Yoonema respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
9/ Risk of loss
All items purchased from Yoonema are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
10/ Returns, refunds and title
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, Yoonema does not take title to the refunded item. Yoonema does not take title to returned items until the item arrives at our fulfillment center.
11/ Product descriptions
Yoonema attempts to be as accurate as possible. However, Yoonema does not warrant that product descriptions or other content of any Yoonema Service is accurate, complete, reliable, current, or error-free. If a product offered by Yoonema itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on any Yoonema Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. With respect to items sold by Yoonema, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Yoonema is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your payment method until after your order has entered the shipping process.
13/ Yoonema Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Yoonema Services (the "Yoonema Software").
14/ Other businesses
Parties other than Yoonema may operate stores, provide services, or sell product on the sites. Wineries are the seller of all wine advertised on wine.Yoonema.com. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Yoonema does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
15/ Disclaimer of warranties and limitation of liability
THE YOONEMA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YOONEMA SERVICES ARE PROVIDED BY YOONEMA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOONEMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YOONEMA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YOONEMA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE YOONEMA SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOONEMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOONEMA DOES NOT WARRANT THAT THE YOONEMA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YOONEMA SERVICES, YOONEMA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YOONEMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOONEMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY YOONEMA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY YOONEMA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Yoonema Service, or to any products or services sold or distributed by Yoonema or through the sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Yoonema will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17/ Applicable law
By using any Yoonema Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Yoonema.
18/ Modification and severability