Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
Use the Properties for illegal or unauthorized uses;
Impersonate any person or entity;
Stalk or harass other users or persons;
Harm minors in any way;
Falsely state or misrepresent your affiliation with another person or entity;
Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
Access or use the account of another user without permission;
Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials,junk mail,chain letters,pyramid schemes, or other messages for any purposes;
Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
Interfere with , disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
Hack or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;
Each as determined in our sole discretion.
We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
Privacy and Security
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE YupYe AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE YupYe. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE YupYe. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE YupYe AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
B. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE YupYe OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE YupYe, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
Public Content: The information that you contribute through the Service is intended for public consumption, including your photos, videos, reviews, tips, check-ins, comments, likes, Talk posts, Events, bookmarks, friends, lists, compliments, and account profile. We may display this information through the Service, share it with businesses, and further distribute it to a wider audience through third party sites and services.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisers from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
Changes to the Terms
YupYe may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the YupYe and, if applicable, cancel your account. You understand and agree that your continued use of the site after any posted modification to the Terms indicates your acceptance of the modification.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
You own Your Content. You are responsible for Your Content, and once published, it cannot always be withdrawn. User Content (including any that may have been created by users employed or contracted by us) does not necessarily reflect the opinion of YupYe. We reserve the right to remove, screen, edit, or reinstate User Content. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to take appropriate action at our sole discretion.
By using our site You agree not to
– Send bulk emails, surveys, or other mass messaging
– write a fake or defamatory review, trading reviews with other businesses,
– to write or remove a review for compensation;
– Violate any proprietary right: copyright, patent, trademark, moral right, privacy right, right of publicity, or any other intellectual property;
– Threaten, harm, stalk, or harass others, or promote discrimination or bigotry;
– Submit, transmit pornography
We may suspend or close your account, your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.
Disclaimers and Limitations of Liability
You agree to defend, and hold YupYe, its parents, affiliates, any related companies and the officers, directors, employees, representatives and agents of each of them, harmless, including costs, liabilities and legal fees, from any claim made by any third party arising relating to your access to use of the Site YupYe.com The Site Is made available to you on an “AS IS”
Fees:YupYe may charge a fee to post content or for other features, products, services or licenses. You are responsible to YupYe for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize YupYe, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by YupYe . Payments and purchases may not be canceled by the user, except as required by law. However, YupYe reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- Identification of the allegedly infringing content, the URL for the web page on which the content appears ;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf;
- Your physical or electronic signature, together with your contact information.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.
Cancellation and Refund Policy – For Advertisements
If advertisement is disapproved, advertiser will have right to resubmit the advertisement or cancel the advertisement. You (the customer) may cancel your order for YupYe services, at no cost to you, at any time before the work is performed. You may cancel your service request via telephone or via email. If you cancel listing advertising services before your ad(s) have been placed on the Internet, you are entitled to and will receive a prompt 100% refund. However, once any of the work is performed or services are rendered by YupYe, you are liable for full payment of the entire invoice amount. You are liable for all work performed and services rendered.
YupYe has right to remove the advertisement after the approval of advertisement without giving reason. In this case we will refund the whole amount to the advertiser.