Please read our terms and conditions, which you agree to in signing up for Yappi.me. Unless otherwise specified, the terms and conditions set out below and references to all Yappi.me packages.
The terms and conditions include important provisions about payment and your rights to refunds, as well as limiting and x"crush" sites;
p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
q) engage in commercial activities that are deemed inappropriate on Yappi. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programmes etc that they feel fall into this category.
5.4. In addition the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Yappi.
5.5. Any correspondence or business dealings with, or participation in activities found on or through Yappi, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Yappi.
5.6. The Company also has the right at any time to change its terms regarding commercial arrangements at any time without to prior notice.
5.7. It should be noted that the use of any payment mechanisms, other than those endorsed by the Company are the sole responsibility of the site leader and the Company can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters.
5.8. You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Yappi. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TACS or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on Yappi or submitted to Yappi including without limitation information in Yappi discussion forums, bulletin boards, chat areas, news groups message boards, forums, and in all other parts of Yappi. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.
5.9. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, Yappi, its users and the public.
5.10. You understand that the technical processing and transmission of Yappi, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. Proprietary Rights and Licences
6.1. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Yappi or information presented through Yappi by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display ima ges and text throughout Yappi, including the insertion of sponsor messages into messages distributed on Yappi mailing lists. If you create a Member Site, you agree to display prominently on your home page or equivalent and in such other parts of the Member Site as the Company may require the Yappi name and logo. Content received through Yappi may be displayed, reformatted, and printed by you for your personal, non-commercial use only. The Company grants you a personal, non-transferable and non-exclusive right and licence to use the trademark “Yappi” and you undertake that upon termination of your use of Yappi (including if you decide to move to another host) all such rights in the trademark and all other rights granted to you hereunder will cease forthwith.
6.2. You acknowledge and agree that the Company owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of Yappi, the Yappi software, any Yappi content and any data generated by Members.
6.3. Except as expressly authorised by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from SiteMaker, in whole or in part.
7. External links
Yappi may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company 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, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company 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. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
8. Disclaimer of warranties
8.1. You expressly understand and agree that:
a) Your use of Yappi is at your sole risk. Yappi is provided on an "as is" and "as available" basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
b) The Company is not responsible for the content of Member Sites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Yappi.
c) The Company makes no warranty that (i) Yappi will meet your requirements, (ii) that Yappi will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Yappi will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Yappi will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
d) Any material downloaded or otherwise obtained through the use of Yappi is done at your own discretion and risk and that 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.
e) No advice or information, whether oral or written, obtained by you through or from SiteMaker shall create any warranty not expressly stated in the TACS
9.1. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including Yappi software, service, your connection to Yappi or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of Yappi;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of Yappi.
9.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 12.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
10. Limitation of Liability
10.1. Your use of Yappi is at your own risk. If you are dissatisfied with any of the content or the service or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of Yappi. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
10.2. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Yappi; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Yappi; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Yappi.
10.3. In no event will the Company's liability to any user arising out of or in respect of these TACS exceed £250.
10.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 14 may not apply to you.
10.5. Site Leader's proprietary rights: You agree that upon posting any material within a group open to the public on Yappi, you grant the Company and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You further agree that upon posting any material within a private, members-only group on Yappi, or upon establishing a Member Site, you grant the Company, and its successors and assigns, a non-exclusive world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on Yappi, by end-users for their personal use.
11. Modifications to the TACS or to the SiteMaker
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue Yappi temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Yappi.
12. Uses and Storage
You acknowledge that the Company may establish general practices and limits concerning use of Yappi, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by Yappi, the maximum number of email messages that may be sent from or received by an account on Yappi, the maximum size of any email message that may be sent from or received by an account on Yappi, the maximum disk space that will be allotted on Yappi's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Yappi in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Yappi. You acknowledge that the Company reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13.1. You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of Yappi, and remove and archive or discard any content within Yappi, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TACS. The Company may also in its sole discretion and at any time discontinue providing Yappi, or any part thereof, with or without notice. You agree that any termination of your access to Yappi under any provision of these TACS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or Yappi. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Yappi.
13.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
14. Trademark Information
Yappi, the Yappi logo and other Yappi logos and product and service names are trademarks of Zagoo Limited (the "SiteMaker Marks"). Without the Company's prior permission, you agree not to display or use in any manner, the SiteMaker Marks.
15.1. The TACS constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services of the Company, third-party content or third-party software.
15.2. The Company makes no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access a Member Site from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
15.3. The Company is headquartered in England. All legal issues arising from or related to the use of Yappi shall be construed in accordance with and determined by the laws of England. By using Yappi, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Yappi is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
15.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
15.5. Should you find any content or otherwise that you feel breaches the TACs outlined, please email the Company at email@example.com providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed by email of the outcome. Note: your details will not be given to the Site Leader in question.