YapSpot Terms of Service
NOTICE: The YapSpot application collects and stores information about the location of your device when you make a recording. We make every effort to only reveal your general location (by city name) when your recordings are played back by others (along with your user name, and the date and time the recording was made).
WARNING: Refrain from posting vulgar or offensive material. Do not post copyrighted material or advertising. Do not disclose personal information. We reserve the right to revoke access privileges at any time.
1. This is an Enforceable Legal Agreement.
2. User Agrees that YapSpot May Monitor, Collect, Use, Communicate, Retain, and Disclose Location Information.
2.1. User agrees that YapSpot may use data from a global positioning satellite tracker in the User's phone or other mobile device (the "Device"), together with YapSpot's location tracking and communication technologies, to monitor and collect global positioning satellite ("GPS") coordinates showing the instant location of the User ("Location Information"). The tracking of people's movements over time is prohibited. The Federal Communications Commission and the Federal Aviation Administration regulations prohibit use of the Device on commercial aircraft, including in checked baggage.
2.2. User agrees that YapSpot will monitor and collect Location Information through communication technologies and networks chosen by YapSpot, and that this information may be used to transmit advertising, audio, voice recordings, photographs and other images, location-relevant data, and other data chosen by YapSpot.
2.3. User agrees that YapSpot may communicate Location Information to User through communication technologies and networks chosen by YapSpot or from time to time through communication technologies and networks chosen by User, as when User chooses to receive Location Information from YapSpot through Short Message Service ("SMS") messages sent to User's mobile phone.
2.5. User agrees that YapSpot may use, retain, reproduce, and broadcast User's voice recordings, photographs and other images, text input, and account data to enable the functions of the YapSpot service and the promotion of the same.
3. User Is Prohibited From Using the Services for Illegal Purposes.
User shall not use, and shall not allow any person to use, the Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortuous or illegal purpose, including but not limited to harassing, slandering, defaming, or improperly conducting surveillance of any person.
4. User Agrees to Certain Warranties.
User warrants to YapSpot that:
4.1. User will use the Services only as provided in this Agreement;
4.2. User is at least 18 years old and has the right or has obtained any required authorization to agree that YapSpot may monitor, collect, use, communicate, retain, and disclose Location information as described in this Agreement;
4.3. Any information User provides or discloses to YapSpot will be accurate, complete, and current; and
4.4. User will notify YapSpot regarding any material change to information User provides by using the methods for contacting YapSpot stated on our Facebook page at http://Facebook.com/YapSpotApp
5. YapSpot May Amend this Agreement at Any Time.
5.1 YapSpot reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. YapSpot will include such Amendments on the version of this Agreement that is posted on YapSpot's Web site (YapSpot.app ) and will notify User by e-mail that the Agreement has been amended.
5.2 Amendments to the Agreement will take effect immediately upon being posted to the Web site. User's continued use of the Services after YapSpot posts an Amendment constitutes User's acceptance of and consent to the Amendment. If User does not accept such an Amendment, User must notify YapSpot within 30 days after YapSpot notifies User of the Amendment that User has elected to terminate the Services rather than accept the Amendment.
5.3 YapSpot will not charge User a termination fee if User terminates the Services as described in section 5.2 of this Agreement.
6. User Must Use Security Information.
YapSpot will provide, or User may choose, a username, password, or other security information ("Security Information"), which User must use to access and use the Services. User shall maintain the confidentiality of the Security Information and shall be responsible for all activities performed using User's Security Information. User shall notify YapSpot immediately of any unauthorized use of User's Security Information.
7. YapSpot and User May Terminate this Agreement and the Services.
7.1. The term of this Agreement shall commence when the User first activates the Services; provided, however, that YapSpot may decline to activate the Services if (a) User fails to provide all required information; or (b) YapSpot determines in its sole discretion that User will use the Device in a manner that will violate this Agreement.
7.2. YapSpot may, with or without cause, immediately terminate this Agreement at any time, and deny User access to or use of the Services. Without limiting the foregoing, YapSpot has the right to immediately terminate or suspend User's account or use of the Services in the event that User breaches this Agreement or engages in conduct that YapSpot, in its sole discretion, considers unacceptable. If this Agreement is terminated, User will no longer be authorized to access or use the Services.
7.3. User may terminate the Services at any time.
7.4. All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination.
8. YapSpot Disclaims All Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YapSpot, ITS SUPPLIERS, AND LICENSORS PROVIDE THE SERVICES "AS IS" AND WITH ALL FAULTS. YapSpot DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR THAT ANY DATA SENT BY OR TO USER, OR SENT BY A DEVICE, WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE AMOUNT OF TIME, OR WITHOUT BEING INTERCEPTED. YapSpot, ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
9. YapSpot Potential Liability Is Limited.
9.1. YapSpot SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER YapSpot HAS BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OR FAILURE TO PROVIDE THE SERVICES, PRODUCTS, OR DEVICES. YapSpot SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES A PRODUCT OR DEVICE USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH YapSpot. YapSpot SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
9.2. YapSpot SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM DISTRACTED DRIVING, DATA COST, LOST OR COMPROMISED DATA, MATTERS ARISING OUT OF INFORMATION USER SHARES VIA THE YapSpot PLATFORM OR RELATED OUTLETS, ACCIDENTS ARISING OUT OF OR RELATING TO USE OF THE YapSpot SERVICE, INCORRECT NAVIGATIONAL DATA, WRONG VOICES, INCORRECT OR MISMATCHED IMAGES OR TEXT, FRAUD, FALSE ADVERTISEMENT, COMPUTER VIRUSES, OR IDENTIFY THEFT. YapSpot IS ALSO NOT RESPONSBILE FOR HARM CAUSED BY YapSpot PARTNERS OR OTHER THIRD PARTIES.
9.3. NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF YapSpot AND ITS SUPPLIERS AND LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES OR DEVICES, AND USER'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
9.3. YapSpot shall not be liable for any damages User or others may incur as a result of User's loss, disclosure, or a third party's use of User's Security Information, regardless of whether such disclosure or use is with or without User's knowledge or consent.
9.4. In no event shall YapSpot have any liability for any damages arising out of or in connection with: (a) User's own actions or failures to act, negligence, or willful misconduct, (b) acts or omissions of any third party, including but not limited to any telecommunications service provider, or (c) events or causes beyond YapSpot's reasonable control, including but not limited to acts of God, war, terrorism, criminal or tortuous acts by third parties, riots, or natural disasters.
9.5. The limitations, exclusions, and disclaimers set forth in this Agreement shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. User Agrees to Indemnify YapSpot.
10.1. User agrees to defend, to indemnify, and to hold harmless YapSpot and its affiliates, suppliers and licensors (and each entities' respective officers, directors and employees) from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to User's use of the Services and a Device or to User's inability to use the Services or a Device.
10.2. User's agreement to defend, to indemnify, and to hold YapSpot harmless applies whether a claim against YapSpot is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to any claims resulting directly or indirectly from User's intentional or inadvertent misrepresentation of: (a) User's identity; (b) the identity of persons authorized to access Location Information; (c) User's right to monitor the location of the pet, vehicle, or item User chooses to track using the Services; or (d) User's relationship to any of these persons or claims resulting from or relating to User's breach of this Agreement.
11. User May Not Export Devices or Software.
User shall comply with all trade regulations and export control laws, both domestic and foreign. Software and any underlying information accessed or transferred using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by YapSpot and the U.S. export control laws, User agrees not to export or re-export any device or software to any foreign country. Any information transferred by User using the Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
12. YapSpot and Its Licensors Own All Intellectual Property Rights.
12.1. YapSpot grants User, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use any software provided by YapSpot (the "Software") solely in connection with User's use of the Services and in a manner that is consistent with this Agreement.
12.2. User shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement.
12.3. The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of YapSpot or its suppliers or licensors. All rights not expressly granted in this Agreement are reserved by YapSpot.
12.4. The "YapSpot" name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by Bay Drive Studios LLC or its licensors and may not be used by User without the written consent of YapSpot. 13. Infringement Notice Procedure. 13.1 If you are a copyright owner or an agent thereof and you believe that any content or link on the app, Service, or related web site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent the following information in writing: 13.2 Your physical or electronic signature; Identification of the copyrighted work(s) at issue; Identification of the material that you claim is infringing that copyrighted work, with specific internal URLs or app location sufficient to permit us to locate that material; Information to permit our DMCA agent to contact you, including address, telephone number and email address, together with a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner or that you are authorized to act on behalf of the owner of the copyright you allege to be infringed. You acknowledge and agree that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid. 13.3 DMCA Agent: DMCA notices should go to our DMCA Agent, who is , email: Legal@YapSpot.net. 13.4 Counter-Notification. A User who has uploaded or posted materials that become the subject of a DMCA notice as described above may supply a counter-notification. The owner of an affected page or account, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. We will review such counter-notifications and may thereafter reinstate the challenged posts or material. 13.5 To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you misrepresent that infringing content or an activity is not infringing. If you are not sure whether certain material infringes the copyrights of others, please contact a lawyer.
14. YapSpot May Use User Information.
14.3. User acknowledges that data transmissions to YapSpot, transmissions from YapSpot to User, and User's communications with YapSpot may be intercepted and read by others. User therefore acknowledges that the Services are not confidential.
14.4. To comply with appropriate legal process, YapSpot may disclose any User information or content to law enforcement authorities or in response to a civil subpoena. YapSpot may also disclose any User content to third parties as is necessary to respond to claims that any content violates the rights of third parties or to protect the rights and property of YapSpot.
15. User's Use of Content and Services Is Restricted.
15.1. YapSpot may send messages, data, or other information ("Content") to User as part of the Services. All Content is owned by YapSpot. User shall not upload or transmit Content to public places. User is responsible for any unauthorized use of the Content.
15.2. User shall not upload, post or transmit to or distribute or otherwise publish through the Services any materials that (a) restrict or inhibit any other User from using the Services, (b) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (e) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information, (f) contain advertising of any kind, or (g) constitute or contain false or misleading indications of origin or statements of fact.
15.3. If YapSpot determines in its sole discretion that User is using an excessive amount of YapSpot's network resources, YapSpot may adjust, suspend or terminate the Services YapSpot provides to User at any time, without notice.
15.4. YapSpot reserves the right to limit, remove, or delete any information that User uploads, downloads, posts, distributes, or otherwise transmits through the Services for any reason at any time.
16. Additional Terms and Conditions.
16.2. Any cause of action User may have with respect to YapSpot or the use of the Services must be commenced within one (1) year after the claim or cause of action arises.
16.3. Both parties waive the right to a jury trial in any dispute arising out of this Agreement or the Services.
16.4. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
16.5. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16.6. User may not assign his or her rights or delegate his or her obligations under this Agreement. 16.7. There shall be no third party beneficiaries under this Agreement, except for YapSpot's affiliates, suppliers, and licensors or as required by law.
16.8. Any legal action concerning this Agreement or the Services shall be interpreted under the laws of the State of Illinois, excluding the State of Illinois choice of law rules.
16.9. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the State of Florida, either Broward County's 17th Judicial Circuit, or the United States District Court for the Souther District of Florida.
16.10. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
16.11. The failure of YapSpot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
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