Welcome to the YapMobile, Inc. ("YapMobile", "We", "Our") mobile device software application (the "YapMobile Software"), Web site, web widgets, feeds and applications for third-party Web sites and services, and any other mobile or web services or applications owned, controlled, or offered by YapMobile (collectively, the "YapMobile Services"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the YapMobile Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY YAPMOBILE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE YAPMOBILE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE YAPMOBILE REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE YAPMOBILE SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND YAPMOBILE.
ALL THE YAPMOBILE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 14 YEARS OR OLDER, AND SOME OF THE YAPMOBILE SERVICES ARE AVAILABLE ONLY FOR PERSONS 18 YEARS OR OLDER. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE YAPMOBILE REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE YAPMOBILE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
THE YAPMOBILE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE YAPMOBILE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
YAPMOBILE IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE - OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
YOU ACKNOWLEDGE AND AGREE THAT YAPMOBILE HAS OFFERED THE YAPMOBILE SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND YAPMOBILE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND YAPMOBILE. YAPMOBILE WOULD NOT BE ABLE TO PROVIDE THE YAPMOBILE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
When using any of the YapMobile Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the YapMobile Services may offer you opportunities to review certain events and venues, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the YapMobile Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on YapMobile Services.
4.1 YapMobile does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, ratings, ideas, notes, or any other materials (collectively, "Content") that you post on or through the YapMobile Services. By displaying or publishing ("posting") any Content on or through the YapMobile Services, you hereby grant to YapMobile and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and YapMobile and other Users may copy or display Content outside of the YapMobile Services through the quick link feature or through any other display mechanisms.
4.2 You represent and warrant that: (i) you own the Content posted by you on or through the YapMobile Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the YapMobile Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the YapMobile Services.
4.3 The YapMobile Services contain Content of YapMobile ("YapMobile Content"). YapMobile Content is protected by copyright, trademark, patent, trade secret and other laws, and YapMobile owns and retains all rights in the YapMobile Content and the YapMobile Services. YapMobile hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the YapMobile Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the YapMobile Services.
4.4 The YapMobile Services contain Content of Users and other YapMobile licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the YapMobile Services.
4.5 YapMobile performs technical functions necessary to offer the YapMobile Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the YapMobile Services.
4.6 Although the Site and other YapMobile Services are normally available, there will be occasions when the Site or other YapMobile Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of YapMobile. Also, although YapMobile will normally only delete Content that violates this Agreement, YapMobile reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by YapMobile in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, YapMobile encourages you to maintain your own backup of your Content. In other words, YapMobile is not a backup service. YapMobile will not be liable to you for any modification, suspension, or discontinuation of the YapMobile Services, or the loss of any Content.
5.1 YapMobile may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of YapMobile violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. YapMobile assumes no responsibility for monitoring the YapMobile Services for inappropriate Content or conduct. If at any time YapMobile chooses, in its sole discretion, to monitor the YapMobile Services, YapMobile nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on or through any of the YapMobile Services, and any material or information that you transmit to other Users and for your interactions with other Users.
All the YapMobile Services are unavailable to persons under the age of 14 or to any Users suspended or removed from the YapMobile Services by YapMobile. In addition, some YapMobile Services are not available to persons under the age of 18. You agree that the information you provide to YapMobile upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify YapMobile if your mobile device number changes.
You agree to pay any fees due for and incurred by your use of the YapMobile Services. Any payments and fees for your purchase and use of the YapMobile Services may be managed by your mobile carrier or YapMobile. Please refer to your mobile carrier's regular billing statement for charges related to the YapMobile Services, and contact your mobile provider directly with any questions or comments related to these fees. If your mobile provider notifies YapMobile that your account is past due, then your YapMobile Services subscription may be deactivated without notice to you. If you wish to discontinue using the YapMobile Services, then you may cancel your YapMobile Services subscription.
You must use the YapMobile Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the YapMobile Services. YapMobile reserves the right to investigate and take appropriate legal action against anyone who, in YapMobile's sole discretion, violates this provision, including without limitation, removing the offending Content from the YapMobile Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of YapMobile:
8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from YapMobile such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent; or
8.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the YapMobile Services. YapMobile reserves the right to investigate and take appropriate legal action against anyone who, in YapMobile's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the YapMobile Services. You may not transmit any chain letters or junk email to other Users.
8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the YapMobile Services;
8.19 forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or YapMobile Services to send altered, deceptive, or false source-identifying information;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 interfering with the access of any User, host or network to the Site;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any YapMobile page via HTML/CSS or any other means;
8.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
8.24 any automated use of the system, such as, but not limited to, using scripts to send images or videos;
8.25 interfering with, disrupting, or creating an undue burden on the YapMobile Services or the networks or services connected to the YapMobile Services;
8.26 impersonating or attempting to impersonate another User, person or entity;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the YapMobile Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the YapMobile Services on behalf of that person;
8.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
8.32 using any meta tags or other hidden text or metadata utilizing a YapMobile name, trademark, URL or product name without YapMobile's express written consent;
8.33 attempting to probe, scan or test the vulnerability of any YapMobile Service or breach any security or authentication measures;
8.34 collecting or store personal data about other users without their express permission;
8.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or
8.36 using the YapMobile Services in a manner inconsistent with any and all applicable laws and regulations.
You are solely responsible for your interactions with other Members. YapMobile reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
YapMobile is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the YapMobile Services, whether caused by Users of the YapMobile Services or by any of the equipment or programming associated with or utilized in the YapMobile Services and such Content does not necessarily reflect the opinions or policies of YapMobile. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. YapMobile is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by YapMobile. Inclusion of any linked website on the YapMobile Services does not imply approval or endorsement of the linked website by YapMobile. When you access these third-party sites, you do so at your own risk. YapMobile takes no responsibility for third-party advertisements or third-party applications that are posted on or through the YapMobile Services, nor does it take any responsibility for the goods or services provided by its advertisers. YapMobile is not responsible for the conduct, whether online or offline, of any User of the YapMobile Services. YapMobile assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. YapMobile is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the YapMobile Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the YapMobile Services. Under no circumstances shall YapMobile be responsible for any loss or damage, including personal injury or death, resulting from use of the YapMobile Services, from any Content posted on or through the YapMobile Services, or from the conduct of any Users of the YapMobile Services, whether online or offline. The YapMobile Services are provided "AS-IS" and as available and YapMobile expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YapMobile cannot guarantee and does not promise any specific results from use of the YapMobile Services.
IN NO EVENT SHALL YAPMOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE YAPMOBILE SERVICES, EVEN IF YAPMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YAPMOBILE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YAPMOBILE FOR THE YAPMOBILE SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold YapMobile, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the YapMobile Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the YapMobile Services causes YapMobile to be liable to another.
YapMobile respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. YapMobile has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the YapMobile Services in a way that constitutes copyright infringement, please contact YapMobile at support@yapmobile.com.
You agree that YapMobile, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the YapMobile Services or use of the YapMobile Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that YapMobile may terminate any part of the YapMobile Services if (1) the partner with whom we offered the service to you has terminated its relationship with YapMobile or ceased to offer the service to you, (2) in YapMobile's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the YapMobile Services or any account you may have or portion thereof may be effected without prior notice, and you agree that YapMobile will not be liable to you or any third-party for any such termination. YapMobile does not permit copyright infringing activities on the YapMobile Services, and reserves the right to terminate access to the YapMobile Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the YapMobile Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies YapMobile may have at law or in equity.
15.1 The YapMobile Services may include links to other web sites or services solely as a convenience to Users. YapMobile does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, YapMobile makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
15.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the YapMobile Services are solely between you and such advertiser. You agree that YapMobile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the YapMobile Services.
15.3 Parties other than YapMobile may provide services or sell products via the YapMobile Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. YapMobile 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 terms and conditions of use.
15.4 In addition, even if YapMobile handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and YapMobile will have no liability with respect thereto.
Digital Millennium Copyright Act Compliance. It is YapMobile's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, YapMobile will promptly terminate without notice the accounts of Users that are determined by YapMobile to be "repeat infringers." A repeat infringer is a User who has been notified by YapMobile of infringing activity violations more than twice and/or who has had a User Submission removed from the YapMobile Services more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any YapMobile Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing YapMobile's Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable YapMobile Services are covered by a single notification, a representative list of such works on the applicable YapMobile Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit YapMobile to locate the material;
Information reasonably sufficient to permit YapMobile to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
YapMobile's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@yapmobile.com . For clarity, only DMCA notices should go to the YapMobile Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to YapMobile customer service through support@yapmobile.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.