TERMS OF USE
  • Yappi’s Terms of Use is intended to provide information about and access to Yappi apps, websites and services (“Products”). It allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of using our Products, we also want you to understand the terms to which you agree when using our apps and websites. References to Yappi (“YappiTV,” “yappitv.com,” “we,” “our” or “us”) herein refer to Yappi and its subsidiaries and affiliated companies. References to “Users” refers to app and website visitors and/or account holders.
General
  • By using our Products, you agree to comply with our Terms of Use, Privacy Policy and any other legal notices, terms and policies on our Products (together referred to as “TOU”), all of which are expressly incorporated herein by this reference. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the TOU, in which case the terms “you” or “your” shall refer to such entity.
  • As a User, you agree to use our Products in accordance with the TOU. Please read and save all of the TOU. If you do not agree with the TOU, do not use our Products or any of its features. If you register to become a User you may be required to indicate your acceptance to the TOU during the registration process.
  • If you elect to purchase or otherwise obtain access to any of Yappi’s Products, you acknowledge and agree that your access to and use of all such products and services shall be subject to and governed solely by the terms of Yappi’s then and current Service Agreement.
  • Users have a non-transferable, non-exclusive license to access our Products, to view information contained at our apps and websites and to interact with our apps and websites solely for their own personal use and not for any commercial purpose. You agree not to use our Products for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer our Products or any portion thereof or use it in any manner not expressly authorized by the TOU. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of our apps and websites.
Site Use
  • Users shall not use Yappi Services to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this TOU or the terms of any applicable agreement with Yappi; (c) that interferes with or adversely affects the Products or use of the Products by other Yappi users. Users shall cooperate with Yappi in investigating and correcting any apparent breach of this TOU. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Products
  • Users agree not to use our Products for, but not limited to, the following:
    • Spamming — Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site’s mail server to relay mail without the express permission of the site. In addition, maintaining an open SMTP relay is prohibited.
    • Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others.
    • Obscene Materials — Using Yappi’s or its provider’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene material. Yappi is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the infrastructure. Defamatory or Abusive Language — Using our Service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
    • Defamatory or Abusive Language — Using our Service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
    • Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Illegal or unauthorized access to other computers or networks — Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). In addition, any activity that might be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan, or other information gathering activity).
    • Denial of Service Attacks — Yappi and its providers reserve the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to neighboring customers.
    • Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. In addition, activities that disrupt the use of or interfere with the ability of other Yappi clients to effectively use the network or any connected network, system, service, or equipment.
    • Internet Relay Chat (IRC) Service — Yappi does not support the hosting of IRC servers or bots.
    • Export Control Violations — Exporting encryption software over the Internet or otherwise in violation of US Law.
    • Facilitating a Violation of this TOU — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOU, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
    • Usenet Groups — Yappi and its providers reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the TOU.
    • Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. The responsibility for avoiding illegal or harmful activities harmful activities rests with Users.
    • Yappi does not monitor the communications of its clients to ensure that they comply with the Terms of Use Policy or applicable law. Yappi may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Yappi reserves the right to monitor electronic messages sent or received by its customers if required by law, governmental authority, subpoena, summons, discovery request, warrant, statute, regulation or when public safety is at stake. Yappi will inform the User that User’s information has been provided except in those cases where they may be prohibited by law from giving such notice. Yappi, upon notice to the User, may disclose User information or information transmitted over its network where necessary to protect Yappi and others from harm, or where such disclosure is necessary to the proper operation of the system
    • Yappi expects that its Users who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A user’s failure to comply with those laws will violate the Terms of Use Policy.
Proprietary Rights
  • Yappi does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that is posted on our Products by Users (if applicable). After posting your Content, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. Our Products may contain Content of Users and other licensors. Except as provided within the TOU, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
  • By displaying, publishing Content on our Products, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Yappi irrevocable, perpetual, worldwide, royalty- free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through our Products. From time to time, we may remove Content from our Products, permanently or temporarily.
  • You represent and warrant that: (i) you own the Content posted by you on or through our Products or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through our Products does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
  • We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of our Products at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of our Products if we determine, in our sole discretion, that you have violated the TOU, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
  • Our Products also contains Content provided by Yappi, including, without limitation, text, images and logos (“Yappi Content”). Yappi Content is protected by copyright, trademark, patent, trade secret and other laws, and Yappi owns and retains all rights in the Yappi Content and the features and functionality of our Products. Yappi hereby grants you a limited, revocable, no sublicensable license to reproduce and display the Yappi Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
Disclaimers
  • Yappi is not responsible for and makes no warranties, express or implied, as to any content on our Products, including, without limitation with respect to the accuracy and reliability of the Yappi Content, User Content or other Content posted on or through our Products, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by our Products or otherwise. The User Content does not necessarily reflect the opinions or policies of Yappi. Profiles and third-party applications created and posted by Users on our Products may contain links to other websites. Yappi is not responsible for the content, accuracy or opinions expressed on such apps and websites, and such apps and websites are not necessarily investigated, monitored or checked for accuracy or completeness by Yappi. Inclusion of any linked website on our Products does not imply approval or endorsement of the linked app or website by Yappi. When you access these third-party sites, you do so at your own risk. Yappi takes no responsibility for third-party advertisements or third-party applications that are posted on or through our Products, nor does it take any responsibility for the goods or services provided by its advertisers. Yappi is not responsible for the conduct, whether online or offline, of any User of our Products including, without limitation, any Content posted by any User. Yappi 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. Yappi 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 portion of our Products or combination thereof, including any injury or damage to Users or to any person’s electronic equipment related to or resulting from participation or downloading materials in connection with our Products. Under no circumstances shall Yappi be responsible for any loss or damage, including personal injury or death, resulting from use of our Products, from any User Content posted on or through our Products or from the conduct of any Users, whether online or offline. Additionally, Yappi shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your TV, computer, mobile device, software, modem, telephone or other property resulting from your use of our Products. We will not be liable to you if you are unable to access information through our Products.
  • Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
  • Our Products are provided “AS-IS” and Yappi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Yappi cannot guarantee and does not promise any specific results from use of our Products.
Limitations of Our Liability
  • IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Indemnification
  • You agree to indemnify and hold Yappi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of our Products in violation of the TOU and/or arising from a breach of the TOU and/or any breach of your representations and warranties set forth in the TOU and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
Miscellaneous
  • The TOU will be construed, and their performance enforced, under the laws of Nevada without reference to choice of law principles. Any dispute relating to the TOU or the Site may be litigated only in a court having jurisdiction and venue in Clark County for state court causes of action and in the District of Nevada for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the TOU. We may assign the TOU, in whole or in part, to a related entity or to a third party.
  • EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS OF USE.
  • The TOU are accepted upon your use of our Products or any of its features and is further affirmed upon you becoming a User (if applicable). The TOU constitute the entire agreement between you and Yappi regarding the use of our Products and its services and features. The failure of Yappi to exercise or enforce any right or provision of the TOU shall not operate as a waiver of such right or provision. The section titles in the TOU are for convenience only and have no legal or contractual effect. The TOU operate to the fullest extent permissible by law. If any provision of the TOU is unlawful, void or unenforceable, that provision is deemed severable from the TOU and does not affect the validity and enforceability of any remaining provisions
Changes to Terms of Use
  • We may change the TOU at any time. If changes are made, we will post those changes on this page and update the ‘last updated’ date above. In some cases, we may provide additional notice (such as by adding a statement to our website at www.yappitv.com or by providing notice via email). Your continued use of our apps and websites after we have posted revised TOU signifies your acceptance of such revised TOU. The TOU is the entire agreement between you and Yappi with respect to your use of our Products.
Contacting Us
  • Send a message from www.yappitv.com if you have any questions about our Terms of Use.

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