Please read these Terms of Service (“Terms”) carefully before accessing or using the services offered by Yapert. These Terms govern your access to and use of the services, including our various websites, APIs, mobile applications, and other services offered by Yapert or offered through third parties integrating Yapert functionality (the “Services” or “Yapert”), and any text, graphics, photos, information or other materials posted, submitted, uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).  You must accept and comply with these Terms in order to access and use the Services.  By accessing or using the Services in any manner you agree to be bound by these Terms.

1. Access to the Services and Content

Your use of the Services, any Content you post to the Services, and any consequences thereof are solely your responsibility.  The Content you submit, post, or display through or on the Services will be accessible and viewable by other users of the Services and through third party services and websites.  Through your account settings page you may control who may access your Content.  You should only post Content that you feel comfortable being seen by others shared with others under these Terms. Tip:     What you post on Yapert may be public and accessible by anyone. You may use the Services only if you are (if you are an individual) over the age of 13 and able to form a binding contract or you have the permission of your parent or legal guardian to do so.  If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are able and authorized to do so.  You may use the Services only in compliance with these Terms and all applicable federal, state, local, and international laws, rules and regulations. Yapert does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Website Services.  If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address telephone number, or email address. In the event that we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. The Services that Yapert provides may change from time to time, with or without prior notice to you.  In addition, Yapert may stop (permanently or temporarily) providing the Services (or any part of) to you or to users generally and may not be able to provide prior notice to you.  We limit use of the Services and/or storage of data through the Services at our sole discretion at any time and without prior notice to you. In order to provide the Services to you, Yapert may generate revenue.  One way in which the Yapert does this is through the use of advertising.    In consideration for Yapert granting you access to and use of the Services, you agree that Yapert and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.  The advertising may be targeted or placed around certain Content or information found on the Services or based interactions that you may have with the Services.

2. Use of the Services

Yapert grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Yapert as part of the Services solely for you to use the Services as permitted by these Terms.

3. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.  Yapert may not monitor, observe or control the Content posted via the Services and, does take responsibility for any Content found on or through the Services.  Any use or reliance on any Content or materials found on or through the Services is at your own risk. Yapert does not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions, suggestions, advice or recommendations expressed via the Services.  You acknowledge that by using the Services, you may be exposed to Content that you may find offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that is otherwise deceptive.  Yapert has no control over, and no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  Yapert will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services or third-party services.

4. Rights to Your Content

You own any Content you post, submit or display on or through the Services.  By posting, submitting or displaying Content on or through the Services, you grant Yapert a worldwide, non-exclusive, royalty-free, sublicenseable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Tip:     You are authorizing us to make your Content available to other users to extent your account settings allow. You agree that the foregoing license includes the right for Yapert to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who Yapert partners with  for the distribution, syndication, broadcast, or publication of such Content on other media and services. Tip:     You own your Content. Such additional uses by Yapert, or other companies, organizations or individuals who partner with Yapert, of the Content that you post, submit, transmit or otherwise make available through the Services may be made without compensation paid to you. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or modify or adapt your Content as necessary to conform with requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof.  You understand that your Content may be distributed, syndicated, broadcast, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.  You represent and warrant that you have all necessary rights, power and authority to grant the rights granted herein to any Content that you submit. Yapert will not be responsible or liable for any use of your Content by Yapert in accordance with these Terms.

5. Yapert’s Rights

The Services and all material found on the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Yapert      and its licensors.  Except as provided for in these Terms, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.  Nothing in the Terms grants you a right to use the Yapert name or any of the Yapert trademarks, logos, domain names, and other distinctive brand features.  Any feedback, suggestions, or comments that you may provide to Yapert or through the Services regarding Yapert, or the Services is completely voluntary and we will be free to use such feedback, suggestions, or comments as we deem appropriate and without any obligation to you.

6. Restrictions on Use of the Services and Content

Please review the Yapert Guidelines (which are part of these Terms) to better understand what is prohibited on the Service.  We reserve the right (but have no obligation) to remove or refuse to distribute or prevent access any Content on the Services, to suspend or terminate account, and to reclaim any usernames without liability to you.  We also reserve the right to access, read, retain, shared and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, governmental request or other legal or administrative process, (ii) enforce these Terms, including investigation of any potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the safety or rights of Yapert, its users or the public. Tip:     Yapert does not disclose personally identifying information of its users to any third parties except in accordance with our Privacy Policy. Except as permitted through the Services or these Terms, you have to use the Yapert API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. Tip:     We permit and encourage the re-use of Content through the Yapert API. Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Yapert.  When you use the Services, you may not:
  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  •  stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use any means to scrape or crawl any Web pages contained in the Services (although Yapert does allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, and Yapert reserves the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use the Site or Services
  •  attempt to circumvent any technological measure implemented by Yapert or any of Yapert’s providers or any other third party (including another user) to protect the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

7. Privacy Policy

We know that our users care about how their personal information is used and shared, and we take your privacy very seriously.  Our Privacy Policy, which is available at www.yapert.com/privacy, explains how we collect, use, and share personal information and other data, which is incorporated by reference into these Terms.  Your acceptance of these Terms constitutes your acceptance and agreement to bound by our Privacy Policy.

8. Account Passwords

You are responsible for safeguarding the password that you use to access the Services and your account and for any activities or actions that may occur under your password.  You are encouraged to use passwords that use a combination of upper and lower case letters, numbers and symbols for your account.  Yapert will not be responsible for any liability, loss or damage arising from your failure to keep your password and account secure.

9. Terminating this Agreement

The Terms will continue to apply until terminated by either you or Yapert as follows. You may terminate this legal agreement that you have with Yapert at any time and for any reason by deactivating your account and ceasing to use the Services.  You do not need to inform Yapert before or if you cease using the Services.  If you cease using the Services without deactivating your account, your account may be deactivated due to periods of inactivity and you may lose access to certain Content and data that are associated with your account. Yapert may terminate or suspend your account or cease providing you with all or part of the Services at any time for any reason, and without warning, including, but not limited to, if we reasonably believe:  (i) you have violated these Terms or the Yapert Guidelines, (ii) your use of the Services has created or may create risk of harm to us or others; or (iii) it is no longer commercially viable for us to provide the Services to you.  We will make reasonable efforts to notify you of any suspension or termination through the email address associated with your account or providing you a message the next time you attempt to access your account. All provisions of these Terms which, by their nature, should survive termination, shall continue to apply, including, but not limited to, ownership provisions, warranty disclaimers and limitations of liability. Nothing in this section shall affect Yapert’s rights to modify, limit or cease the provision of the Services without prior notice, as provided in these Terms.

10. Disclaimers and Limitations of Liability

Read this section carefully since it limits the liability of Yapert and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Yapert Affiliates”).  Each of the subsections below only applies up to the fullest extent permitted under applicable law.  Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, so some of the contents of this section may not apply to you if you are in those jurisdictions.  Nothing in this section is meant to limit any rights you may have and which may not be lawfully limited.

A. The Services are Provided “AS-IS”

Yapert has no special relationship with or fiduciary duty to you.  Yapert makes no representations concerning any content contained in or accessed through the Services, and Yapert will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.  Yapert makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations found on or through the Services.   No advice or information from the Yapert Affiliates or obtained through the Services will create any warranty not expressly made herein.  You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.  WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE YAPERT AFFILIATES ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Yapert Affiliates make no warranty and disclaim all responsibility and liability for:  (i) the accuracy, completeness, availability, reliability, timeliness, or security of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the loss or deletion of, or the failure to store or to transmit, any Content and other communications sent through or maintained by the Services; and (iv) whether the Services will meet your requirements or be uninterrupted, secure, or error-free.

B. Third-Party Links and Services

The Services may contain links to third-party websites or services some of which may contain information that some people may find offensive or inappropriate.  You acknowledge and agree that the Yapert Affiliates are not responsible or liable for:  (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services.  Links to such websites or services do not imply any endorsement by the Yapert Affiliates of such websites or services or the content, products, or services available from such websites or services.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services. Yapert has no control over the policies and practices of such websites and services. You should review the policies and practices of such third-party websites or services if you choose interact with them.

C.  Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE YAPERT AFFILIATES OR ANY OF THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE WITH RESPECT TO THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND YAPERT’S REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. General Terms

A. Waiver and Severability

The failure of Yapert to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.  If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.

B. Governing Law and Arbitration

These Terms and any related action will be governed by the laws of the State of California as applied to contracts entered into and completely performed in California between two of its residents.  Any dispute arising in connection with the Services or the subject matter of these terms will be finally settled in arbitration in San Francisco County, California, United States, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Any arbitration decision may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right at any time to seek injunctive or other equitable relief from any court of competent jurisdiction pending a final decision by the arbitrator.

C.  Entire Agreement and Changes to the Terms

These Terms, the Yapert Guidelines and our Privacy Policy are the entire and exclusive agreement between Yapert and you regarding the Services (unless you have a separate agreement with Yapert that is explicitly in addition to or replace these Terms), and these Terms supersede and replace any prior agreements between Yapert and you regarding the Services.  No other person or company are intended third party beneficiaries to the Terms. From time to time, we may revise these Terms. You may find the most current version at Yapert.com/tos.  If there is any material revision to these Terms we will notify you via email  and/or by providing a notification through the Services or otherwise.  If you continue to access or use the Services after any revisions become effective, you are agreeing to be bound by the revised Terms. These Services are operated and provided by Yapert Inc., 6450 Lusk Blvd. #E205, San Diego, CA. 92121.  If you have any questions about these Terms, please contact us at yapert (at) yapert.com.

12. Copyright Dispute Policy

Yapert respects the intellectual property rights of others and expects users of the Services to do the same.  Yapert has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).    If you believe that any Content has been copied in a way that constitutes copyright infringement, please send to our designated copyright agent (found below) the following information:  (i) a physical or electronic signature of the owner of the copyright that has allegedly been infringed or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement made under penalty of perjury that the information in the notification is accurate and  that you are authorized to act on behalf of the copyright owner. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.  If it is determined to be appropriate, Yapert may also terminate a user’s account if the user is found to be a repeat infringer.  Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Yapert, Inc. Attn:  Copyright Agent Name 6450 Lusk Blvd. #E205 San Diego, CA 92121 Email: yapert (at) yapert.com

 13. Apple Terms

If you are using the Services in connection with a device provided by Apple, Inc., the following terms apply: see Apple Rider. Your acceptance of these Terms constitutes your acceptance and agreement to be bound by these additional terms.