Last Modified: July 11, 2012
1. Accepting the Terms of Service
2. Modifications to this Agreement
Yardmama reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services by means of a notice on this Site prior to the change becoming effective. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
3. Registration, Access & Use of the Services
Service Details: Yardmama provides a forum for classified advertising to enable buyers (herein referred to as “Buyers”) and sellers (hereafter referred to as "Sellers") of goods to locate one another. The Service is designed to provide users access to user generated sale listings such as yard sales, garage sales, moving sales, estate sales, single item sales, and virtual sales (collectively referred to as "Listings") and to provide sellers a technology platform to market and promote their sales to buyers The site also enables Members to submit, access, rate, and review other Sellers.
Eligibility: No individual under the age of eighteen (18) may use the Services or provide any information to Yardmama or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with Yardmama and are not legally prohibited from using the Services.
Registration: Certain portions of the website may require registration of an account with Yardmama ("Account"). To register an Account, you will be required to provide Yardmama with certain contact information and possibly billing information. You are obligated to provide accurate and complete contact and billing information. Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of these terms and conditions, which may result in the immediate termination and deletion of the Account.
Service Changes and Limitations: The Services change frequently, and their form and functionality may change without prior notice to you. Yardmama retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Yardmama may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Yardmama may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. Yardmama may also suspend Member Accounts at any time, in its sole discretion.
Security (Account & Password): Your Account will be accessible by means of a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password of Account. Your user account and password as a registered user, including all actions, communications, and use of Services under your account, are your sole responsibility. In order to maintain security, you are required to (a) immediately alert Yardmama of any unauthorized use of your password or user account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Failing to comply with this policy releases Yardmama from any liability regarding the outcome of user account and/or password security breaches.
Termination: We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
Modification of Services: We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
4. Member Responsibilities
Neutral Venue: Our Site is an online venue through which Members find and learn about each other. We are not involved in the actual face-to-face contact between Members. As a result, we have no control over the conduct of our Members or the truth or accuracy of the information that Members post on the Site.
Identity Verification: We make no attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as Buyers or Sellers. We do not investigate any Member's reputation, conduct, morality, criminal background, or verify the information that any Member submits to the Site. We encourage you to communicate directly with potential Sellers, to review their Member Profile Page if available, and to review other Buyer submitted reviews and ratings.
Your Experience with Other Members: You are solely responsible for your interactions with other Members of our Services. We will not be responsible for any damage or harm resulting from your interactions with other Members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other Members of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another Member of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Release: By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members will be limited to a claim against the particular Member or Members who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Yardmama. You release Yardmama from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other Members on the Site.
Reporting Misconduct: If you feel another Site Member is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
5. Member Conduct
Site Rules and Restrictions: In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to a Sellers’ listing;
- "Stalk" or harass any other Member of our Services or collect or store any information about any other Member;
- Post, as a Seller, any sale listing that you do not yourself host;
- Register for more than one Member account or register for a Member account on behalf of an individual other than yourself;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Use automated scripts or web crawlers to collect information or otherwise interact with the Service or the Site;
- Submit any listing with a false or misleading description, price, or submit any listing with a price that you do not intend to honor; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Yardmama reserves the right to cancel a Member account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
Photo Guidelines: You may not post or submit any content that:
- Infringes the copyright, trademark, or other intellectual property rights of any person.
- Is defamatory;
- Contains nudity or sexually explicit content, or is otherwise obscene;
- May disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- Depicts individuals under 18 years of age;
- Depicts or advocates the use of illicit drugs;
- Makes use of offensive language or images;
- Characterizes violence as acceptable, glamorous or desirable; or
- Provides a link to any other websites.
Disputes with Other Members: You are solely responsible for your interactions with other Yardmama Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Global Use: In recognition of varying local laws and regulations, Yardmama requires that you comply with the specific laws and regulations of your locale. It is the responsibility of the Site Members, Buyers, and Sellers, to be familiar with, and adhere to, local laws and regulations. It is highly recommended that Users also familiarize themselves with local laws and regulations to ensure a positive experience. By using the Service, you release Yardmama from any liability should your content violate local laws.
Commercial Use: Yardmama’s service is strictly intended for personal use, for both Buyers and Sellers. Any commercial use of Yardmama’s Site, Services, name, or copyrighted content other than the specific use of the Service as offered by Yardmama is forbidden. Violation of this policy may result in cancellation of an account, civil legal action, or criminal legal action per our discretion.
6. Your Content
Content Restrictions: You are solely responsible for any content that you submit, post or transmit via our Services. You may not post, upload, submit, email, or message any content that:
- Infringes the copyright, trademark, or other intellectual property rights of any person;
- Is defamatory;
- Contains nudity or sexually explicit content, or is otherwise obscene;
- May disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- Depicts individuals under 18 years of age;
- Depicts or advocates the use of illicit drugs;
- Makes use of offensive language or images;
- Characterizes violence as acceptable, glamorous or desirable;
- Provides a link to any other websites, commercial or private;
- Contains any of your personal contact information, except as specifically required or requested as part of your registration on this Site;
- Is unlawful;
- Is threatening, abusive, harassing, tortuous interference, defamatory, or libelous;
- Is invasive of another's privacy;
- Is unsolicited or unauthorized advertising, promotional materials, junk mail, unsolicited promotional messages (spam), chain letters, pyramid schemes, or any other form of solicitation;
- Infringes any intellectual property or other proprietary rights of any party;
- May be considered spam or unwanted solicitation;
- Contain malware or any other malware;
- Uses bots or other automated techniques to collect information from User Provided Content;
- Falsely states or misrepresents your affiliation with a person, organization, or other entity; or
- You do not have a right to transmit under any law or under contractual or fiduciary relationships.
No Obligation to Post Content: We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
Content Expiry: As a paid Member, you have the option to have your listing posted automatically after its initial expiry date. If this option is not selected, or you post a listing as a non paying Member, your listing content will automatically be deleted 24-hours after the initial expiry date.
7. Third Party Content
In using our Services, you may be exposed to content and information from other Members or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other Members of our Services.
8. Payment of Fees
Payment: Yardmama’s services are available on both a Free and Premium Membership basis. As a Paid Member, you agree to pay the annual Membership Subscription amount thus granting you full access to and use of the site’s Premium Membership features and functionality. If you downgrade or fail to renew your Premium Membership Subscription before its expiry date: (a) you will no longer have access to the site’s Premium Membership features and functionality; (b) Subscription payments are nonrefundable.; (c) you will no longer have access to or use of your personal vanity URL.
Yardmama may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein, including third party payment / transaction fees. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
9. Proprietary Rights
Our Intellectual Property: Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Yardmama," and "www.Yardmama.com" are trademarks of Yardmama, LLC protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
Your Use of Our Intellectual Property: You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
DMCA copyright Policy: Yardmama has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
Reporting Instances of Copyright Infringement: If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement to email@example.com containing the following information:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Yardmama is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, Yardmama will immediately notify the Member responsible for the allegedly infringing material that it has removed or disabled access to the material. Yardmama reserves the right, in its sole discretion, to immediately terminate the account of any Member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Yardmama by contacting Yardmama’ Copyright Agent at firstname.lastname@example.org and providing the following information:
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or a United States District Court, Western District of Kentucky located in Louisville, Kentucky if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your physical or electronic signature.
Upon receipt of a valid counter-notification, Yardmama will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Yardmama does not receive any such notification within ten (10) days, we may restore the material to the Services.
Legal Compliance: You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
Indemnity: You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
Disputes: You and Yardmama agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (“Claim”) or as you and Yardmama otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us to seek a resolution. It is our sincere hope that we are able to handle your Claim through our dispute resolution procedures without resorting to further measures
Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Jurisdiction and Venue: These Terms shall be interpreted in accordance with the laws of the State of Kentucky and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in Daviess County, Owensboro, Kentucky or a United States District Court, Western District of Kentucky located in Louisville, Kentucky. Any action brought against Yardmama shall be venued in state court located in Daviess County, Owensboro, Kentucky or a United States District Court, Western District of Kentucky located in Louisville, Kentucky.
Attorney’s Fees: The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney’s fees and costs.
11. Special Provisions for Users Located Outside of the United States
Yardmama provides a global technology platform enabling a marketplace for Buyers and Sellers to engage in electronic commerce, namely the posting, listing, sharing, and discovery of user generated listings. Yardmama’s operations are, however, located in the United States, and Yardmama’s policies and procedures are based on United States law. As such, the following provisions apply specifically to Users located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to User Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
12. Warranty Disclaimer; Services Available on an “AS-IS” Basis
Warranty Disclaimer: if you use our services, you do so at your sole risk. You acknowledge and agree that Yardmama does not check a Member’s background or record. Yardmama is a reputation-based system. Take advantage of other Member’s comments on Sellers. Use common sense. Be aware and be safe. Our services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.
If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.
No data, information or advice obtained by you in oral or written form from us or through our services will create any warranty not expressly stated in these terms.
13. Limitation of Liability
We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another Member of the services; (e) statements, conduct or omissions of any Member, or other third parties on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other Members of our services or persons introduced to you by our services, whether on-line or off-line.
We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.
In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our services or these terms exceed the sum of Fifty U.S. Dollars ($50).
14. Exclusions to Warranties and Limitation of Liability
Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Please contact us at email@example.com with any questions regarding these Terms.
Last Modified: July 11, 2012
Effective July 11, 2012
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Yardmama complies with the U.S. – E.U. & Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union and Switzerland. Information regarding the E.U. and Swiss Safe Harbor Framework can be found at: http://export.gov/safeharbor.
What Information We Collect and How We Use It
Information Collection and Use: Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your Membership (together, the "Service") and to enable users to enjoy and easily navigate the Site.
Personally Identifiable Information: When you register with us through the Site and become a Yardmama Member, when you choose to post sale listing, or when you wish to contact a Yardmama Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, and email address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site, we may also ask for your credit card number and billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). We use your Personal Information mainly to provide the Service and administer your inquiries.
We also collect the other information that you provide as part of registration and the administration and personalization of your Member profile page (e.g., without limitation, location (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Yardmama Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Email Communications with Us: As part of the Services, you may occasionally receive email and other communications from us, such as administrative communications relating to your Account (e.g., for purposes of Account recovery or password reset). These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving. If you have Premium Membership subscription than you can opt-out of some communications from Yardmama; please see your Dashboard > My Account > My Plan setting page. Note that we will never email you to ask for your password or other Account information; if you receive such an email, forward it to us at firstname.lastname@example.org.
Information about Your Accounts on Third Party Services: You can link your Account to certain Third Party Services such as payment processors. You may be required to engage in an authorization process with each of those Third Party Services, where we receive a token that allows us to access those accounts so that we can, for example, link your Yardmama content to those services. We do not receive or store your passwords for your Third Party Service accounts.
Information Obtained from Third Party Services: In some cases, when you connect your Account with your accounts on Third Party Services, we may obtain information about you from those Third Party Services. Such information could include, for example, your gender, if you have disclosed that information to that third party and made it available for Yardmama to access. To the extent we obtain such information, we may use the information about you that we receive from Third Party Services to improve and personalize the Services. As a general practice, we strongly urge you to make careful judgments about any personal information you disclose to Internet services, including Yardmama and linked Third Party Services, regardless of whether you choose to link your accounts together.
User Content: By default, all sharing through the Services is public, and when you provide us with content it is published so that anyone can view it. Content published and shared publicly is accessible to everyone, including search engines, and you may lose any privacy rights you might have regarding that content. In addition, information shared publicly may be copied and shared throughout the Internet, including through features native to the Services, such as social network links. While you are free to remove published pieces of content from or delete your Account, because of the nature of Internet sharing, the strong possibility of sharing of your content by others, and technological limitations inherent to the Services, copies of that content may exist elsewhere and be retained indefinitely, including in our systems.
Information About User Content: In some cases, we may collect information about content you provide to the Services. For example, when it's included with your images, we may collect information describing your camera and camera settings. This information allows us to improve the Services and provide additional features and functionality.
Information Related to Use of the Services: We collect information about how people use the Services, including those with an Account. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services, such as Google Analytics, to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Services so that we can analyze and improve them. Some of this information may be associated with the IP Address (as defined below) used to access the Services, and some may be associated with your Account, such as the topics you search for and the help pages that you visit. We may also use some of this information in aggregate form, that is, as a statistical measure related to all of our users that would not identify you personally. We use information about your use of the Services to improve and enhance your experience on the Services.
Information Related to Your Web Browser: We automatically receive and record information from your web browser when you interact with the Services, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each web request you make, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions and store that information in a manner associated with your Account. Web browser-related information is used to enhance your experience with the Services (for example, by personalization) and to allow us to improve the Services; it is not, however, used in a manner that would identify you personally.
IP Address Information: Under certain circumstances, such as when you log into the Services, load a web page from the Services, or send an "Ask" message anonymously, we may collect and store your Internet Protocol Address ("IP Address"). We generally use IP Address information to fight spam, malware, and identity theft; we also may use it, in the future, to personalize the Services for you. IP Address information is also used by us to generate aggregate, non-identifying, information about use of the Services.
Location Information: In some cases we collect and store information about where you are located, such as by converting your IP Address into a rough geo-location. We may use location information to improve and personalize the Services for you.
Information Related to Your Mobile Device: We may collect and store information related to your mobile device, such as your phone number. You will have a choice as to whether we collect and store this information. We may use this information to improve the Services, such as by allowing you to verify your account by text message.
Log Data: When you visit the Site, whether as a Yardmama Member or a non-registered user just browsing, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons: Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Phishing: Identity theft and the practice currently known as "phishing" are of great concern to Yardmama. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Derived Information: We analyze your actions on the Services in order to derive or infer characteristics that may be descriptive of you. These characteristics are used to improve and personalize the Services.
Email Tracking: We may place information in our emails to you (such as a web beacon) that allow us to measure our email deliverability.
Information Sharing and Disclosure
Members and Users: When you register through the Site and submit your Personal Information to create an account and Member Profile Page, other Users will see your first name and last name, ("Required Member Identifiers"). You must have a complete Member profile in order to post a sale listing. A complete profile constitutes providing required information about you including your first name, last name, and location.
The following information will be visible to both non registered site Users and site Members:
- Profile photo
- First name
- Last name
- Alias / nickname (if selected)
- Member since date
- Location including city, state, county
- Seller’s rating
- Buyer reviews
- Number of followers
- Number of recommends
In addition to the above information, the following information will be visible if you have a posted sale listing:
- Location including street address, city, state, country
- Contact information including email address and telephone number
If you post a listing, we may publish that listing anywhere on the Site and may enable third parties to publish your listing on their site through the use of an HTML "widget". We may also display the geographical location of your listing in the form of a map so that potential Members can see the general area of your listing. Note that Members will never have access to your Billing Information.
Aggregate Information and Non-Identifying Information: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Business Transfers: In some cases, we may choose to sell, transfer or otherwise share some or all of our business assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets, or if we go out of business or in the event of bankruptcy. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Compliance with Laws and Law Enforcement: We believe in cooperating with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Yardmama or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
The Security of Your Information
We are very concerned with safeguarding your information. When you enter sensitive information (such as credit card number) on our registration or payment forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
What Information You Can Access
If you are a registered user, you can access and delete most information associated with your Account by logging into the Site and checking your Dashboard > My Account settings page. Registered and unregistered users can access and delete cookies through their web browser settings.
How to Delete Your Account and What Happens When You Delete Your Account
If you want to delete your account, you can do so by going to Dashbarod > My Account > My Plan settings page and select “Delete Account”. All Members may review, update, correct or delete the Personal Information in their registration profile by editing the relevant part of their profile. If you would like us to delete your record in our system, please email us at firstname.lastname@example.org and provide proof of authority over the account. We will attempt to accommodate your request if we do not have any legal obligation to retain the record. What constitutes "proof of authority" will vary depending on the circumstances, but generally will require sufficient identifying information so that we can be confident you are the Account owner or someone with Power of Attorney acting on behalf of the Account Holder. Deleting your Account may not fully remove the content you have published from our systems, as caching of, backups of, copies of, or references to your Account information may not be immediately removed. In addition, given the nature of sharing on the Services, some of the public activity on your Account prior to deletion may remain stored on our servers and accessible to the public. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Reviews and Feedback About Other Members
As a Buyer, you have the opportunity to post a review about a Seller. With your consent we may post your reviews and feedback along with personally identifiable information such as your name and profile photo. If you want your review and/or feedback removed please contact us at email@example.com.
You can log in to our site using Facebook Connect. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and picture to pre-populate your profile. Facebook Connect gives you the option to post information about your activities on this web site to your profile page to share with others within your network.
Our Policy Towards Children
This Site is not directed to children under eighteen (18). We do not knowingly collect personally identifiable information from children under eighteen (18). If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org . If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.
Where to Direct Questions or Concerns