Welcome to yapp.us (“Yapp”). Yapp is owned by Yapp, Inc. (the “Company”) and is a service (the “Service”) through which users create mobile applications (the “Apps”).
Please take a few moments to review these Terms of Service. By using our Service, you are agreeing to comply with and be bound by the following terms and conditions (“Terms of Service”). If you do not agree to comply with and be bound by these Terms of Service, you may not use the Service.
Ability to Accept Terms of Service
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service.
Modification of These Terms of Service
The Company reserves the right, at its sole discretion, to update or modify these Terms of Service at any time and from time to time without prior notice. Any such modifications will become effective immediately upon posting. We suggest that you review these Terms of Service whenever you use the Service to keep yourself apprised of any changes. Your continued use the Service following the posting of changes and/or modifications will constitute your acceptance of the revised terms of service.
If you create a membership account directly with the Company by providing your name and email address, the following terms apply:
a) Your membership is solely for your personal use, and you will not authorize others to use your account. You are responsible for maintaining the confidentiality of the password and account and for all activities that occur under your password or account.
b) Only one account may be created per user. Creation of multiple accounts for a single user is strictly prohibited.
d) You agree to: immediately notify the Company of any unauthorized use of your password or account, or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with all terms of this provision.
License to Use and Access the Service
The Company hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Service conditioned upon your adherence to these Terms of Service. The foregoing license does not include any resale or commercial use of the Service or its Contents (as defined below); any derivative use of the Service or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Service nor any portion thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the Company’s express prior written consent. Use of the Service that constitutes abuse shall be determined by the Company, in its sole discretion. If you engage in abusive or unauthorized use of the Service, the Company may suspend or terminate your account and refuse any and all current or future use of the Service without the reimbursement of any fees if applicable.
Restriction on Use of Content
The content of the Service, includes, but is not limited to information, data, text, images, illustrations, artwork, photographs, pictures, logos, icons, videos, graphics, music, sounds, software code, builds relating to the Apps, and all information derived by the Company from such compiled data (collectively, the “Content”). Such Content is protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights, and these rights are protected in all forms, media and technologies existing now or hereafter developed. All right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by the Company and/or its subsidiaries, affiliates, assigns, licensors or other parties who have licensed their material to the Company. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on decompiling, reverse engineering, disassembling, or otherwise reducing all or any part of Yapp or the Service, including the Content.
The Yapp name and logo and any other name or mark noted as such on the Service, are service marks and/or trademarks of the Company. All other service marks and/or trademarks appearing on the Service are service marks and/or trademarks of their respective owners. Our partners may also have additional proprietary rights in the Content. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service or in these Terms of Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without the Company’s express prior written consent.
The Service allows you to post, transmit or distribute data, text, software, sound files, images, photographs, graphics, video, messages, files, links and other materials (“User Content”). All User Content is your sole responsibility. By posting User Content, you represent and warrant that you own or are otherwise legally allowed to use or license or sublicense all right, title and interest to such User Content the to Company.
You agree that if you post or transmit any User Content through the Service, you automatically grant to the Company, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, distribute, syndicate, modify, display, and perform such User Content throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, without compensation to you.
To the extent that any User Content posted, transmitted or distributed by you contains creative suggestions, recommendations, reviews, ratings, ideas, notes, drawings, photos, graphics, data, text, images, messages or other information submitted to the Company (the "Submissions"), the Submissions shall be deemed, and shall remain, the property of the Company. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use, reproduction, distribution, syndication, modification, display or performance of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to you.
Rules of Conduct
You acknowledge that all User Content, whether publicly posted or privately transmitted, or distributed by you is your sole responsibility. This means that you are entirely responsible for all User Content that you post or otherwise transmit or distribute via the Service. You understand that by using the Service, you may be exposed to User Content posted, transmitted or distributed by others that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise distributed via the Service.
You agree not to engage in any conduct which, in the Company’s sole discretion, is considered inappropriate, unauthorized or objectionable. Such conduct includes, but is not limited to, posting, transmitting, distributing or otherwise making available, through or in connection with the Service the following:
(a) anything that is or may be (i) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (ii) defamatory; libelous or invasive of another's privacy; (iii) fraudulent or tortious; (iv) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior written consent of the owner of such right.
(b) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
(c) any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(d) any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service.
Third Party Services and Mobile Operating Systems
Additionally, you agree that all Apps published by you on any mobile operating system or mobile marketplace (the “Mobile Operating Systems”) will comply with all applicable terms of service, rules and guidelines of the Mobile Operating System. The Company disclaims all liability for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by any breach of such third party agreements by you.
Fees and Payment
You will not be required to pay to access the Service or the Apps. However, portions of our Service may require payment. If you wish to use any of our paid Services (“Paid Services”) you will be required to submit your payment information. Please be aware that your payment information may be stored, collected, and processed by our third party payment processor Stripe.
Please be aware that you must provide complete and accurate information to our payment processor or your payment may be affected. You must promptly update all information to keep you billing account current, complete and accurate (e.g. a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method id canceled (e.g. for loss or theft) or if you become aware of a potential breach of security. Changes to such information can be made in your Account Settings (https://www.yapp.us/account). If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services.
We may offer paid annual subscriptions and certain services on a one-time payment basis. More information about our subscriptions can be found here https://www.yapp.us/pricing. By submitting your payment information you authorize your credit card to be charged in the amount listed at the checkout screen. Please be aware that our subscription prices are not guaranteed and may be changed from time to time. We shall alert you to any changes in our subscription prices or the way we charge for our Services. Any increase in fees for the same Paid Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in a notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new fee or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation” below.
Please be aware that we may suspend or terminate your account if your payment is past due. To provide you with continuous service please ensure that your payment information is correct and current. All payments are to be made in the currency designated by the Company.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider.
Our fees for Paid Services do not include any of the third-party fees you incur in connection with using the Service including without limitation ticketing fees, fees charged by your Internet access provider, wireless carrier charges for cellular or data services and any other third party application or services with which you ay use the Service.
Automatic Renewal of Subscriptions
In order to provide you with uninterrupted Service, once you have submitted your payment information, your credit card will be automatically charged for subsequent time periods after the initial period where you authorize payment. By paying for our Service and authorizing payment on your credit card, you authorize us to automatically charge your credit card for any subsequent periods after your initial payment. If you wish to remove automatic billing from your account, you should cancel your subscription in your subscription settings or contact us at email@example.com.
Upgrading To Next Level of Paid Services
You may upgrade your Service to the next level of Paid Services by going to the Account Settings page and choosing “Upgrade.” Your new contract period will start the day of the upgrade. You will be charged for this new level of service minus the pro-rata amount for any remaining time in your previous Paid Service plan.
Cancellation of Paid Services
We do not grant refunds at this time and you will not be eligible for any prorated refunds for amounts already paid. If you believe that your credit card has been charged in error please contact us at firstname.lastname@example.org.
You may cancel your paid subscription at any time by going to Account Settings, selecting Change Plan and Downgrading to the free Service. The cancelation of the Paid Services subscription must be done at least one (1) day prior to the end of the contract term. If you cancel, the Paid Services will be available until the end of already paid period. Please be aware that the cancellation of your Paid Services subscription will disable your access to the Paid Services and may make some or all of your Apps inaccessible after the end of contract term.
Company reserves the right to deny or cancel subscriptions, and Company may, in its sole discretion, terminate or suspend accounts. In the event that Company terminates your account due to a actual or suspected violation of the Terms of Service or Payment Terms, products and services purchased in according with these Payment Terms or Terms of Service may be forfeited without any refund.
From time to time there may be information on the Service that contains typographical errors or other inaccuracies. The Company reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE.
NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR REPRESENTATIVES WARRANT THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR SECURE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE SERVICE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY.
THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET THAT IS CONTAINED OUTSIDE THIS SERVICE. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH YAPP MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE COMPANY WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, ITS CONTENT OR ITS FEATURES (OR THE INABILITY TO USE THE SAME), INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR ANY CLAIM ATTRIBUTABLE TO MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER FAILURE OR INACCURACIES IN CONTENT APPEARING ON THE SERVICE, WHETHER SUFFERED BY YOU OR ANY PARTY CLAIMING RIGHTS DERIVED FROM YOU, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF ANY NEGLIGENCE OF THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS
Notwithstanding the foregoing, in no event shall THE COMPANY’S liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Service.
Termination and Modification of the Service
You agree that we, in our sole discretion, may terminate or suspend your password, account (or any part thereof) or use of the Service, and remove and discard any User Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving information we deem reliable concerning your involvement with any violation of law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination or suspension of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to restricting or terminating any user's right to use the Service, with or without notice; and (b) change the fees we charge in connection with the use of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any Content offered through the Service.
You agree to indemnify, defend and hold harmless the Company and its officers, members, employees, agents, representatives, licensors and third party providers to the Service from and against any and all liability, claims, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, incurred by the Company as a result of or in connection with your use of this Service in violation or breach of these Terms of Service, including any claims that User Content posted, transmitted or distributed by you violates or infringes upon the rights of any third party. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Use of the Service and these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving any effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. You hereby irrevocably consent to personal jurisdiction in the State of New York and by your use of the Service voluntarily submit to the exclusive jurisdiction of the federal and state courts located in such state in any action or proceeding with respect to the Service and to service of process by certified mail at the last known address provided in connection with your use of the Service.
Except as explicitly stated otherwise, any notices to the Company must be sent by certified mail, return receipt requested, to Yapp, Inc.:
366 Amsterdam Ave, #230 New York, NY 10024
The Company respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by the Company, please provide the Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Service; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to the Company at:
366 Amsterdam Ave, #230 New York, NY 10024
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed or that your intellectual property rights have otherwise been violated.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to email@example.com. You may also contact us by writing to Yapp, Inc., 366 Amsterdam Ave, #230 New York, NY 10024. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
b) The failure of the Company to exercise or enforce any right or provision of this Terms of Service does not constitute a waiver of such right or provision.
c) If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
d) The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Posted November 18, 2014