- Acknowledgement & Acceptance of Agreement
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SITE. BY VIEWING OR USING ALL OR ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS HEREIN.
- Changes to the Agreement or the YapStar Services
You agree and understand that these Terms of Service may be modified by YapStar at any time without prior notice, and such modifications will be effective upon YapStar's posting of the new terms and/or upon implementation of the new changes on the YapStar Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the YapStar Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by YapStar, any new features, new services, enhancements or modifications to the YapStar Site implemented after your initial access to the Site shall be subject to these Terms of Service.
By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the YapStar Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the TOS.
You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). Please remember that the Site is designed to appeal to a broad audience. As the legal guardian, it is your responsibility to determine whether any of the Site areas and/or Content are appropriate for your child.
By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The YapStar website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Site or the website. Membership to the YapStar Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions.
- Membership Responsibility
If you register to become a YapStar member, you will be allowed to save and personalize YapStar content, view offers from businesses listed on the YapStar Site, and post ratings and reviews about YapStar businesses, products and videos. By becoming a YapStar member, you agree that any registration information you give to YapStar will always be accurate, correct and up to date and you take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. 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.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, reviews and other files, (the "Site Content"), are the proprietary property of YapStar, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without YapStar's prior written permission, except for your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You retain copyrights you already hold in Content which you submit or display through the Sites. 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 Sites. 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 Sites, and to use such Content in connection with the provision of those Sites. 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, Sites 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.
- User Content Posted on the Site
You understand that all postings, messages, reviews, text, files, images, photos, video, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Site. You understand that YapStar does not control the Content posted by third parties via the YapStar Site, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the YapStar Site you may be exposed to Content that is offensive, indecent or objectionable.
Furthermore, the YapStar Site and Content available through the Site may contain links to other websites, which are completely independent of YapStar.
YapStar makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will YapStar be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the YapStar Site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
- Acceptable Use and Conduct
You understand and agree:
- That no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material;
- You are solely responsible for your ratings and reviews of businesses listed on YapStar. YapStar reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed;
- That you will only provide Reviews and Content that you believe to be true and you will not purposely provide false or misleading information;
- That you will vote only once daily for a unique pet and will not use multiple email addresses to vote multiple times. Repeat votes from different email addresses owned by the same person are not allowed;
- That the Site may include certain communications from YapStar, such as Site 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;
- That YapStar may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of YapStar violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. YapStar assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to YapStar;
- The following is a partial list of the kind of Content and communications that are illegal or not allowed on the YapStar Site. YapStar has the right to investigate and take suitable legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the communication from the YapStar Site and terminating the membership of such violators or blocking your use of the YapStar Site.
You may not post 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;
- Harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
- Is pornographic or sexually explicit in nature;
- Seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18;
- Harms minors in any way;
- Provides any telephone numbers, street addresses, last names, URLs or email addresses;
- Falsely expresses or implies that such Content or material is sponsored or endorsed by YapStar;
- Impersonates 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;
- Includes personal or identifying information about another person without that person's explicit consent;
- Is false, deceptive, misleading, deceitful, or constitutes bait and switch;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Creates, sends, or enables anything that constitutes or contains chain letters, pyramid schemes, or any advertisement that you are prohibited by law from sending;
- Constitutes or contains any form of advertising or solicitation (1) posted in Content; or (2) emailed to Users;
- 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;
- Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to YapStar Users, or that otherwise negatively affects other Users' ability to use YapStar;
- Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through YapStar.
Additionally, you agree not to (and you agree not to allow any third party to):
- Create user accounts by automated means or under false or fraudulent pretenses;
- Stalk or otherwise harass anyone;
- Collect or store data about users for any purpose including for the purposes of advertising to or soliciting any YapStar user to buy or sell any products or Sites;
- Create or transmit unwanted electronic communications such as spam or mass mailings to other users or members of the YapStar Site or otherwise interfere with other user's enjoyment of the YapStar Site;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from YapStar except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org);
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on YapStar's IT infrastructure;
- Attempt to gain unauthorized access to YapStar's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of YapStar;
- Use the YapStar Site, intentionally or unintentionally, to violate any applicable local, state, national or international law.
- Posting Reviews on YapStar.com
You agree that you will only provide Reviews that you believe to be true and you will not purposely provide false or misleading information in your Reviews. You are responsible for complying with all laws applicable to any content you submit to the Site, including any Reviews.
YapStar reserves the right, but not the obligation, to refuse to post or to remove any Review for any reason and specifically if it contains or features any of the following:
- Create user accounts by automated means or under false or fraudulent pretenses;
- Stalk or otherwise harass anyone;
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- Reviews submitted by the reviewed business's employees (unless such employees identify themselves) or competitors as determined by YapStar.
- Reviews that include personal information, such as email addresses, phone numbers or credit card numbers belonging to you or others.
- Reviews that name individual employees or representatives of the business.
- Reviews that do not address the services of the business, or value of the product as determined by YapStar in its sole discretion. 1 or 2 word Reviews are not valuable to our users and therefore YapStar may remove these Reviews.
- Reviews commenting on other YapStar users.
- Reviews that contains personal attacks or describes physical confrontations and/or sexual harassment.
- Reviews that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
- Language that violates the YapStar? ?!"s standard, which is: If you would not want your kids to read it, do not post it! This standard is at YapStar? ?!"s sole discretion.
Reviews do not reflect the views of YapStar; its parent, subsidiary, sponsors, or affiliated companies; or its employees, officers, directors, or shareholders. YapStar does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
You agree that any Reviews that you submit to YapStar shall be owned exclusively and in perpetuity by YapStar. Such exclusive ownership means that YapStar, its subsidiaries, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell, and distribute any and all materials and communications regarding and including submitted Reviews. YapStar is under no obligation to give credit or pay any consideration to you for your Reviews. If, despite the foregoing, full title and ownership of the Reviews is not deemed to be vested in YapStar, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, YapStar, its contractors and distribution partners, and the users of the Service an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute your Reviews and to prepare derivative works of, or incorporate into other works, such Reviews. This license is non-exclusive, except you agree that YapStar shall have the exclusive right to practice this license to the extent of combining your Reviews with the Reviews of other YapStar users for purposes of constructing or populating a searchable database of business reviews.
You may not use this Site to send online eCards, Invites, Voting Ecards, or Recommendations to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. YapStar reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site or the number of recipients to which you send such cards or messages.
The YapStar Pet Contest is open to all cats and dogs. Employees and family members of YapStar and YapStar's sponsors can enter their pets into the contest but are not eligible to win any of the prizes. Only dogs and cats that are living are eligible to win the contest prizes.
In the event of a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the authorized holder of the e-mail address at the time of entry. For these purposes, the authorized holder is the natural person who is assigned to the submitted e-mail address by an Internet access or online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Winners will be selected based upon public online voting and Social Activity. The pet that receives the most votes during the term of the contest will be deemed the YapStar and receive the first place prize. One first place winner will be chosen. 2nd, 3rd, 4th, and 5th place prizes will be awarded to the 2nd, 3rd, 4th, and 5th highest vote getters. Votes will also be awarded for Social Activity on the site beginning in October. Each user will have a Dashboard where they can view their Social Acitivity and votes awarded. One award point equals one vote. Monthly prizes will also be given to the highest vote-getter during each month of the contest. If there is a tie, the user with the highest cummulative stats for Compliments, Fans, Reviews, Videos, Pet Photos, and Favorites will be awarded the highest ranking and the other pet will move down to the next ranking. (Cummulative Stats is defined as the total number of Reviews, Compliments, Fans, Videos, Pet Photos and Favorites)
Your pet can receive one vote per person per day. A vote means a vote cast on the YapStar site by a unique voter. A unique voter is an individual person who has registered on YapStar as a voter and confirmed their registration by clicking on the email sent to them at the email address they used to vote. A unique voter may vote from only one email address. Repeat votes from different email addresses owned by the same person are not allowed. Proxy voting with family and friend's email addresses is not allowed. A unique voter may vote no more than once each day for each unique pet, so that in a 30 day calendar month, a unique voter may cast no more than 30 votes for any single pet. If YapStar determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, YapStar may disqualify votes cast by voters or contestants and/or your pet may be removed from the contest. During the voting period, votes generated by means of software-generated or other automated processes will be disregarded. Any attempt to circumvent these contest rules is grounds for disqualification from receiving contest prizes.
The first place winner (crowned the YapStar) cannot win this title more than once a year nor can a monthly winner win more than once during the term of each contest. You can however win the 2nd, 3rd, 4th, and 5th place prizes throughout the year. If you have won first place twice during a period of 12 months, you will automatically be awarded the 2nd place prize (for your 2nd contest) and the 2nd place winner will be moved to first place. Additionally, if you are a monthly winner during the term of each contest, the 2nd place winner will automatically be moved to first place if you win subsequent months.
Winners will be notified 10 days after the end of the contest at the email address used to register your pet. Return of prize notification as undeliverable may result in disqualification and selection of a substitute winner.Prizes are non-assignable and non-transferable. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability and Sponsors reserve the right to substitute prizes of equal or greater value. Winners are solely responsible for payment of any taxes on prizes.
Except where prohibited and/or limited by the Children's Online Privacy & Protection Act of 1998, acceptance of any prize constitutes winner's irrevocable consent to the publication of his or her name, and pet's photograph in any media for any commercial or promotional purpose, without limitation, or further compensation. Prizes not claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of the Sponsor.
- YapStar Social Activity Awards Program
YapStar Social Activity Awards Program ("Program") allows users ("Users") to earn points ("Points") towards winning the YapStar Pet Contest. 1 Award Point equals 1 Vote. The activities that garner Points are: Joining YapStar Plus, writing a review for a pet product or pet business, receiving a compliment, fans that join your fan club, adding favorites, posting PetTalk questions or responses, uploading videos, sharing a pet business or pet product with a friend, inviting friends, and sending E-Cards to friends and family.
All reviews and pet talk questions and responses must be valid posts and reviews. If it is clear that these reviews and posts are done only to earn points and are not valid reviews or posts, these points will be removed from the user's dashboard at YapStar's discrection and the user will be notified. If this behavior continues, the user will be removed from YapStar.
By using the YapStar Site and engaging in the YapStar Contest and Social Activity Awards Program, you agree to the following rules.
- Award Points are non-transferable and are void if transferred.
- Award Points will terminate immediately in the event that User's account is terminated for any reason.
- Users that refer other users to YapStar, or share business and products with their friends will be credited points immediately. However, such points will be removed if the email address has been found to be inactive or is a fraudulent email address. YapStar reserves the right to remove the user from the site immediately when messages are sent to fraudulent email addresses.
- By using or accessing YapStar and specifically the Social Activities Award Program, you represent, warrant and agree that you will not send spam or any other unauthorized advertisements or solicitations through or using the YapStar Site.
- User agrees to provide only true and accurate information to YapStar (including email addresses sent from our site) at all times.
- User agrees to post valid business and product reviews.
- User agrees to post valid PetTalk Questions and Responses.
- User agrees not to abuse YapStar privileges by conduct which is detrimental to the interests of YapStar.com, including attempting to earn Points in a manner inconsistent with the rules of YapStar or attempting to earn Points through other than valid YapStar operations.
- YapStar reserves the right to terminate, at YapStar's sole discretion, any YapStar User if YapStar believes such User has violated or acted inconsistently with the rules of YapStar or the intent of this Agreement. User understands and agrees that termination of membership will result in User's inability to participate in the YapStar Pet Contest. User understands and agrees that termination of membership will result in the cancellation of all of User's Award Points.
- YapStar shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules. Any decision it makes relating to termination of membership (including cancellation of Award Points) shall be final and binding.
- YapStar reserves the right to adjust your Award Point balance when abuse of the system or when fraudulent emails are sent. YapStar is the sole determiner of Award Point balance and any decision YapStar makes shall be final and binding.
- 1 Award Point is equal to 1 Vote in the YapStar Pet Contest.
- Points have no cash value.
- Award Points per Social Activity are subject to change at any time.
- Award Points will revert to 0 at the end of each contest.
- YapStar Plus Subscription and Billing
YapStar offers fee-based premium services called YapStar Plus which offers members extended functionality on the YapStar Site. If you choose to sign up for YapStar Plus, you agree to pay the applicable fees and abide by the following:
By clicking on the "Purchase Now" button on the order confirmation page, you authorize YapStar to charge your credit card for your YapStar Plus Membership the current annual or monthly fee on the same day of each subsequent month or year during the term of this Agreement unless you have selected not to Auto Renew your Plus Membership. Your credit card will be charged in advance for the specified period for your Plus Membership. All fees are non-refundable and non-creditable.
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 or you choose not to Auto Renew your membership, YapStar will automatically charge your credit card each month or year the applicable monthly/annual fee. Such standard rates may be higher than the rates set forth on the Initial Order.
You: a) authorize YapStar to automatically charge your credit card each month or year the applicable monthly fee if you chose to Auto Renew your membership. (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; (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, your YapStar Plus Membership may be suspended by YapStar.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges, if any, imposed by any government entity. If you dispute any charge made under this Agreement, you 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 you of any claim relating to any such disputed charge.
- Service Availability And Errors
YapStar continually upgrades and revises its products and services to provide you with new products and services. YapStar may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice.
We attempt to be as accurate as possible and eliminate errors on YapStar, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error.
- YapStar Plus Renewal and Cancellation
The Term of the YapStar Plus Membership Agreement will begin on the date indicated in your Order History and, will automatically renew for successive terms of the same duration as the initial term, unless user selects not to Auto Renew their membership when first registering.
To cancel your service, please log in using the email address and password associated with your YapStar account. Click on About Me and then click on My Account. Click on Go To Your Order History to access your subscription information, and choose the subscription you wish to cancel. Cancellation requests must be prior to the end of the then current monthly renewal period to avoid incurring charges for the next monthly subscription period. Cancellation requests must be prior to the end of the then current yearly renewal period to avoid incurring charges for the next yearly subscription period. We do not provide refunds or credits for any partial monthly or yearly subscription periods.
These Terms of Service will remain in full force and effect while you use the YapStar Site and/or YapStar Services. Either Party may terminate these Terms of Service for any reason, at any time. Once you terminate, you will have no right to use the YapStar Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You understand and agree that the Site may include advertisements and that these advertisements are necessary for YapStar to provide the Site.
- Dealings With Merchants and Links
The Site contains advertisements, Special Offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. YapStar does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, or Special Offers, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the YapStar Site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
YapStar respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit YapStar to locate the material (for example, by providing a URL to the material);
- Your name, address, telephone number, and email address;
- Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Send the written communication to: YapStar | 830 Arbor Ave. | Sonoma, CA 95476
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.
YapStar and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks in the U.S. YapStar's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YapStar.
By entering the YapStar Pet Contest, participants acknowledge and agree that YapStar, and its respective Sponsors, and advertising, production, and promotional agencies, and the officers, employees, agents and representatives of each (collectively, the Contest Entities), will not be liable for losses or injuries of any kind resulting from the acceptance/possession/use and/or misuse of prize(s), prize-related travel, participation in the Contest, tampering or other unauthorized human or technical intervention, typographical, printing, mailing or distribution errors, or any malfunctions of any telephone or computer network, computer Internet system, web site, computer equipment, software, or any combination thereof, or for any entries that are late (including delayed data transmissions), garbled, incomplete, misdirected, lost, forged, illegible, or otherwise not in compliance with the Official Rules. Contest Entities are not responsible or liable for any injury or damage to any participant's or third person's computer and/or its contents, related to or resulting from the Contest, including, without limitation, injury or damage caused by computer viruses or bugs.
YapStar reserves the right to terminate, suspend or modify the Contest if, at its sole discretion, if it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical or human errors, printing, or distribution errors, or any other unanticipated causes or occurrences, have compromised the fairness or integrity of the Contest. In the event the Contest is terminated prior to the stated end date, YapStar reserves the right to award all prizes in a random drawing from among all eligible entries received as of the date of termination.
Our contests are void where prohibited by law. The contestants assume the total responsibility of knowing that they reside in a state that prohibits photo contests and are subject to any local, state or national laws. YapStar accepts no responsibility for making these individual legal determinations.
- 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 THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YAPSTAR'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO YAPSTAR FOR THE YAPSTAR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify, defend, and hold harmless YapStar, and its officers, employees, shareholders, affiliates, agents, and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
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 Site, or to the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event of any controversy concerning or related to this Agreement or the performance of this agreement, the prevailing party shall be entitled to recover its reasonable expenses (including attorneys' fees) incurred in resolving such controversy, in addition to any other relief that may be available.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to email@example.com
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
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All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.