Terms of Services
Effective: 4/21/11
ADVERTISERS
You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Yapem to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Yapem has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Yapem on your Content and throughout the Service are subject to change at Yapem’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yapem 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 Service.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Yapem
By way of example, and not as a limitation, you agree not to use the Services:
INDEMNITY
You will indemnify and hold harmless Yapem, its parents, subsidiaries, affiliates, customers, vendors, advertisers, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Yapem User ID, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMERS
You acknowledge that Yapem has no control over, and no duty to take any action regarding: which users gain access to the Site or use 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. You release Yapem from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Yapem makes no representations concerning any content contained in or accessed through the Site or Services, and Yapem will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yapem has no control over such sites and resources, you acknowledge and agree that Yapem is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Yapem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use Yapem.com. If you access Yapem.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access Yapem.com through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access Yapem.com through any wireless or other communication service.
Changes to the Terms of Service.
The Terms of Service may be modified by Yapem at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Yapem’s posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
- ACCEPTANCE OF TERMS
The web pages available at Yapem.com, and all linked pages ("Site"), are owned and operated by Yapem and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. Yapem’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Yapem, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Yapem may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Yapem performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, stories, illustrations, software, search engine service, browser services, audio clips and video clips, also known as the "Content"). Yapem may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Yapem may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
- YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Yapem and select a password and screen name ("Yapem User ID"). You shall provide Yapem with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Yapem account. You may not (i) select or use as a Yapem User ID a name of another person with the intent to impersonate that person; (ii) use as a Yapem User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Yapem User ID a name that is otherwise offensive, vulgar or obscene. Yapem reserves the right to refuse registration of, or cancel a Yapem User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Yapem password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. - SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on Yapem , and you can control how we share your content through your personal settings. In order for us to use certain types of content and provide you with Yapem, you agree to the following:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Yapem ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a short period of time (but will not be available to others) until backup databases are updated.
- We always appreciate your feedback or other suggestions about Yapem but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Yapem ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By creating and posting Content to Yapem, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by Yapem in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission. - PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people's rights, and expect you to do the same.
- a. You will not post content or take any action on Yapem that infringes someone else's rights or otherwise violates the law. We can remove any content you post on Yapem if we believe that it violates this Statement.
- If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to plead your case to Yapem.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Yapem, and Yapem Logos) without our written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Yapem) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on Yapem.
You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Yapem to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Yapem has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Yapem on your Content and throughout the Service are subject to change at Yapem’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yapem 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 Service.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Yapem
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Yapem users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Yapem user;
- to create or submit unwanted email ("Spam") to any other Yapem users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the 'Yapem count', comments, or any other Yapem service, including by way of creating separate user accounts for the purpose of artificially altering Yapem’s services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Yapem’s services;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Yapem;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- reformat or frame any portion of the Site;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- Yapem claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright (with respect to the stories written) to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Yapem staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for Yapem to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;
You will indemnify and hold harmless Yapem, its parents, subsidiaries, affiliates, customers, vendors, advertisers, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Yapem User ID, of any intellectual property or other right of any person or entity.
You acknowledge that Yapem has no control over, and no duty to take any action regarding: which users gain access to the Site or use 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. You release Yapem from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Yapem makes no representations concerning any content contained in or accessed through the Site or Services, and Yapem will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yapem has no control over such sites and resources, you acknowledge and agree that Yapem is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Yapem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You must provide at your own expense the equipment and Internet connections that you will need to access and use Yapem.com. If you access Yapem.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access Yapem.com through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access Yapem.com through any wireless or other communication service.
The Terms of Service may be modified by Yapem at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Yapem’s posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.