- Acknowledgement & Acceptance of Agreement
This YapStar Business Account Terms of Service ("TOS") is made and entered into by YapStar, and the business entity identified by you when registering and accepting this Agreement (the "Advertiser") by clicking on "I Have Read the Terms and Conditions” check box, where such action is identified as having the effect of accepting this Agreement. You acknowledge, and represent that you are authorized to enter into this Agreement on behalf of the Advertiser, that your Acceptance of this Agreement has the effect of making the Advertiser a party and bound to this Agreement, and that the information submitted by you to YapStar, via online forms or otherwise, is authentic and correct. By accessing the YapStar Site, and all linked pages owned and operated by YapStar (the "Site"), you agree to be bound by these terms of Service, as well as any other guidelines, rules and additional terms referenced throughout the site, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "TOS"). To view User Terms of Service (incorporated into this agreement), go to: http://www.yapstar.com/content/user_agreement.php
By selecting the checkbox, you represent and warrant that you are 18 years of age or older, that you have provided true, accurate, current and complete information (including an accurate email address) as prompted by the registration form, that you have the power and authority to enter into and perform under the terms and that you agree to be bound by the terms and to comply with all applicable laws, rules, regulations and orders.
You can review the most current version of the Business TOS at any time at: http://www.yapstar.com/business_account/content/bus_terms.php
. YapStar reserves the right to modify the TOS or discontinue the business center at any time without notice. If modifications to the TOS are unacceptable to you, your only alternative is to terminate this agreement. Your continued use of the YapStar business services constitutes binding acceptance of the change. It is your responsibility to check regularly for changes to YapStar User and Business TOS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE LISTING AND REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
- Description of Business Listing Service
YapStar provides business owners with access to online resources to promote your pet businesses; including without limitation: business listing hosting services, the ability to edit and enhance business listings, on-line advertising services, special offer services, track user statistics, and the ability to market and promote your business through YapStar business tools (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms.
Business owners who sign up for the Service may submit a free listing or an enhanced business listing (an "Enhanced Listing").
A Free listing includes contact information and mapping tools for the user, a business center to track user statistics, the ability to edit or change your listing plan, YapPartner Card to promote your business listing, a custom widget for your business and other marketing tools. An enhanced listing can include an ad on your category page, rotating ads, photo, logo, web links, marketing descriptions, special offers and other information valuable to YapStar users, a business center to track user statistics, the ability to edit or change your listing plan, YapPartner Card to promote your business listing, a custom widget for your business and other marketing tools. YapStar can change or delete any of these functions at any time.
If you chose during the registration process to upgrade your Enhanced Listing to a "Gold Featured Listing," your listing will rotate among available Free Listings in the category(ies) chosen by you (from categories provided by YapStar), in the geographic area(s) chosen by you (from geographies provided by YapStar for the listing address provided by you). YapStar does not warrant or guarantee any specific number of views for your rotating ad.
Following submission by Advertiser of a Free Business Listing, YapStar will review the Free Listing to determine whether it is eligible for inclusion on the YapStar Site. If YapStar approves the business listing, the new listing will be published within 7 business days. Because of the large number of free listing submissions, YapStar is not obligated to notify the business if their listing has been approved or denied.
In order to access certain Services, you may be required to provide information about yourself and your business as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to YapStar will always be accurate, correct and up to date.
When you create an account with YapStar, you agree to take full accountability for maintaining the confidentiality of your account user name, password, and for all activity that occurs under your account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your account under your user name and password. You agree to immediately notify YapStar of any unauthorized use of your YapStar account or any other breach of security. If you violate these Terms, YapStar may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that YapStar believes is appropriate.
- Use of Advertiser's Contact Information
Advertiser agrees that YapStar and its affiliates may use any contact addresses and numbers, including email addresses, telephone and fax numbers, provided to YapStar by Advertiser, to contact Advertiser for any customer service, business or marketing purpose.
YapStar gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by YapStar as part of the Services. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by YapStar, in writing.
You retain copyrights you already hold in Content which you submit or display through the Services. By submitting or displaying the content you give YapStar a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, modify, translate, publish, publicly display and distribute any Content which you submit or display through the Services. You agree that this license includes a right for YapStar to make such Content available to other companies, organizations or individuals with whom YapStar has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that YapStar, may (a) transmit or distribute your Content in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit YapStar to take these actions. You confirm and warrant to YapStar that you have all the rights, power and authority necessary to grant the above license.
Advertiser grants YapStar a non-exclusive, royalty-free license (with a right to sublicense) to use or distribute Advertiser's trademarks, service marks and logos (the "Advertiser Marks") in connection with the performance of YapStar's obligations under this Agreement. Should Advertiser find objectionable any use of the Advertiser Marks by YapStar, then Advertiser may revoke or suspend, with respect to the objectionable use, YapStar's rights to use the Advertiser Marks and YapStar will promptly cease using the applicable Advertiser Marks in the manner found objectionable by Advertiser (except as otherwise permitted by law).
You understand and agree that the service may include certain communications from YapStar, such as service announcements, administrative messages, and that these communications are considered part of YapStar membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
YapStar has the right, but not the obligation, to review the contents of your Business Listing. YapStar reserves the right to decide whether, where, and how a listing appears on the YapStar site. Your Business Listing will be categorized into the appropriate YapStar category chosen by you from categories provided by YapStar, and will be placed in a geographic area by YapStar based on the listing address provided by you. YapStar reserves the right at any time to categorize or re-categorize any listings, as determined solely by YapStar in its reasonable discretion. Nothing in this agreement obligates YapStar to place your listing within a specific category or geographic area.
You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not YapStar, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. YapStar does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree as follows:
- You will not upload, or post any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, false, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- You have, and will have at all times, all right, title and interest necessary to grant to YapStar any and all licenses hereunder for the purposes contemplated by these Terms;
- You will not harm minors in any way;
- You have all necessary rights, permits and licenses under all applicable laws, rules and regulations to promote, offer for sale, sell, and ship all products or services available through the business identified in your Business Listing.
- You will not impersonate any person or entity, including, but not limited to, a YapStar official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You are solely responsible for all customer service, order fulfillment, product returns, or payment of taxes or charges associated with any products or services that link from a Business Listing.
- You will not upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- You will not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not collect or store data about users or other business owners for any purpose including for the purposes of advertising to or soliciting any YapStar user to buy or sell any products or services.
- It is your responsibility to keep backups of all Enhanced Listings, as YapStar is not responsible for the loss of any Enhanced Listing data for any reason.
- You agree that if you provide false information to obtain access to a YapStar business site that you are not legally entitled to claim, YapStar will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by YapStar from you.
YapStar reserves the right to immediately cancel or reject, without notice, any Business Listing, or suspend your access to the Service and terminate the TOS, at any time for any reason whatsoever.
If you use the special offer features to provide YapStar users with discounts or deals through YapStar, you represent and warrant that you have authority to present such an offer and promise to honor the terms of that offer as they are presented to the user through YapStar. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify YapStar against any claims by users of the service that the terms of a special offer were not honored.
You acknowledge and agree that users of YapStar’s online services may be given the opportunity to provide ratings, reviews and/or feedback relating to your products or services; that some of such reviews and feedback may be positive, while other such reviews and feedback may be negative; that YapStar cannot and does not review all such reviews and feedback, nor does YapStar have any control over such reviews and feedback; and that under no circumstances shall YapStar be held responsible or liable for any claims or damages arising out of any reviews or feedback. By participating in the Service, you agree to be subject to such rating and review features. YapStar does not remove negative reviews.
By clicking on the “Publish" button on the order confirmation page, you authorize YapStar to charge your credit card for your YapStar Business Listing the current monthly fee on the same day of each subsequent month during the term of this Agreement. Advertiser’s credit card will be charged in advance for the specified period for Enhanced Listings. All fees are non-refundable and non-creditable except as indicated in #13 of the TOS. You acknowledge and agree that the charge of your credit card does not in any way guarantee any measure of performance or success of your listing.
Any rates specified in the Order will apply during the Initial Term only. Unless you or we terminate this Agreement at the end of the Initial Term, YapStar will automatically charge your credit card each month the applicable monthly fee. Such standard rates may be higher than the rates set forth on the Order.
You: a) authorize YapStar to automatically charge your credit card each month the applicable monthly fee. (b) must keep your credit card information current; (c) authorize YapStar to store your credit card and billing information; (d) agree that all fees are non-refundable and non-creditable except as indicated in the TOS; (e) agree that your authorization is valid until the termination of the TOS by you or YapStar or until your credit card expires. If at any time YapStar is unable to successfully charge your credit card or the charge is refused, the display of your Enhanced Listing may be suspended by YapStar.
Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges, if any, imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify YapStar in writing within thirty-five (35) days of any such charge; failure to so notify YapStar shall result in the waiver by Advertiser of any claim relating to any such disputed charge.
The term of this Agreement will begin on the date indicated in the Registration Form and, will automatically renew for successive terms of the same duration as the initial term, unless either party notifies the other, in writing, of its decision not to renew at least thirty (30) days prior to the end of the then-current term.
YapStar may, at any time in its sole discretion, terminate this Agreement or reject or remove any Advertiser it deems unsuitable for the Service for any reason and without notice of any kind.
Advertiser may cancel any listing and/or terminate this Agreement by canceling all listings, with or without cause, at any time, with no further obligation of YapStar, including, without limitation, any obligation to refund any fees paid hereunder.
To cancel Featured Listings, Advertiser must notify YapStar in writing. Once notified, Advertisers listings will be canceled on the YapStar site effective at the end of the current calendar month.
Purchasing an Enhanced Business listing on our Service offers great value at favorable rates and wide exposure to Pet Lovers. YapStar therefore cannot generally offer refunds on fees arising from Enhanced Business Listings.
YapStar will provide a refund of Enhanced Business Listings only for the following reasons:
- A refund may be issued if YapStar, through no fault of Advertiser, fails to publish Advertiser's Enhanced Listing within 5 business days following the date Advertiser places the order for an Enhanced Listing and such Enhanced Listing remains unpublished as of the date Advertiser issues a cancellation to YapStar.
- A refund may be issued if Advertiser mistakenly orders and pays for a duplicate Enhanced Listing and, upon prompt discovery by Advertiser, seeks to cancel and obtain a refund for the fees associated only with such duplicated Enhanced Listing(s). YapStar cannot provide a refund on the original Enhanced Listing. Likewise, YapStar cannot provide a refund for any duplicate Enhanced Listings if Advertiser fails to cancel such duplicate Enhanced Listing(s) within forty five (45) days from the date Advertiser placed the order for such duplicative Enhanced Listing(s).
Except for the instances covered above, YapStar cannot provide a refund for any other reason, even if Advertiser wants to cancel an Enhanced Listing immediately after placing an order. For example, YapStar cannot provide a refund if Advertiser (i) changes its mind about purchasing an Enhanced Listing; (ii) is displeased with the content, features or enhancements associated with an Enhanced Listing; (iii) makes a mistake in submitting content for an Enhanced Listing; or (iv) receives few or no inquiries or offers to purchase Advertiser's goods or services after ordering an Enhanced Listing. Likewise, YapStar cannot provide a refund if YapStar made mistakes with an Enhanced Listing's content. In cases where such mistakes are made, YapStar will make appropriate corrections to the Enhanced Listing once Advertiser brings such mistakes to YapStar's attention.
If Advertiser makes mistakes in submitting content for an Enhanced Listing, YapStar will assist Advertiser in making minor corrections to such Enhanced Listing. No charge will be assessed for such minor corrections unless Advertiser wishes to order additional Services or, in YapStar's reasonable judgment, such corrections amount to significant changes to Advertiser's current Enhanced Listing(s), in which cases additional charges will be assessed at YapStar's then-current rates.
For purposes of this section, a "business day" means a full 24 hour calendar day, occurring Monday through Friday, but excludes federally observed holidays and/or holidays observed by the state of California.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for YapStar to provide the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YapStar has no control over such sites and resources, you acknowledge and agree that YapStar 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 YapStar 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.
- Request For Removal Of Listings
YapStar occasionally receives requests to remove listings from its Site. Although YapStar reserves the right to address such requests individually, YapStar is generally not willing to remove any listings from its database.
YapStar may change the service or delete features in any way, without notice, at any time and for any reason.
- Marketing to YapStar Users
If we breach our obligation hereunder to fulfill any Advertising Product or breach any other obligation hereunder, we will make commercially reasonable efforts to fulfill such Advertising Product at a later date to cure such breach. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
YAPSTAR AND ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAPSTAR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YAPSTAR AND ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND SUPPLIERS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF YAPSTAR, ITS AFFILIATES OR YAPSTAR'S DISTRIBUTION NETWORK ENTITIES ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, YAPSTAR'S ACCEPTANCE, REJECTION, REMOVAL, OR CANCELLATION OF A BUSINESS LISTING, YAPSTAR'S PUBLICATION OF A BUSINESS LISTING, USERS CLICKING ON A BUSINESS LISTING AND ACCESSING THE LINKED WEB SITE, OR USERS RATING OR PROVIDING PUBLICLY DISPLAYED REVIEWS ON YOU OR YOUR SERVICES OR PRODUCTS. YAPSTAR'S, ITS AFFILIATES' OR A YAPSTAR DISTRIBUTION NETWORK ENTITY'S LIABILITY TO YOU WILL NOT, FOR ANY REASON, INDIVIDUALLY OR IN THE AGGREGATE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO YAPSTAR UNDER THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of the YapStar site while such users are browsing or viewing YapStar, or place any file or code on the personal computers of users of YapStar while such users are browsing or viewing YapStar. YapStar privacy policies shall apply to users of YapStar Web Site while users are browsing or viewing YapStar site, and Advertiser shall comply with same. YapStar shall own all information relating to user access to YapStar site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. "Personal Information" includes an individuals name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
The Terms and the relationship between you and YapStar are governed by the laws of the state of California without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be adjudicated either in the Superior Court of the State of California for the County of Sonoma or the United States District Court for the Northern District of California. YapStar's failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms 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 agree that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, to the Terms, or to your Business Listing must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not resell, assign or transfer any of your rights or obligations under the Terms to any other entity without YapStar's express written permission. Neither party to the Terms will be liable to the other for any delay or failure in performance under the Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The section titles in the TOS are for convenience only and have no legal or contractual effect. Any and all press releases and other public announcements related to your participation in the Service must be approved in advance by YapStar in writing. The Terms constitutes the entire agreement between the parties with respect to the Service and supersede all previous proposals, both oral and written, representations, writings, and all other communications between the parties. In the event that the terms and conditions of the TOS conflict or are inconsistent with the Guidelines or the YapStar User Agreement, the terms and conditions of the TOS will be deemed to control.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to firstname.lastname@example.org
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by YapStar you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
830 Arbor Ave.
Sonoma, CA 95476