Summary of our Terms
These Terms of Service ("Terms") are an integral part of the User Agreement, which is a legally binding contract that governs your use of Yapper. We kindly ask you to read these Terms of Service ("Terms") in their entirety, but here are some important points to take note of:
Advertising on the platform: In order for you to access the Services, Yapper and its third-party providers and partners may display advertising to you.
Compliance with User Agreement and Applicable Law: When posting Content and using the Services, it is your responsibility to comply with this User Agreement and all applicable laws. You must also adhere to the incorporated policies of this User Agreement.
Acceptable use of the Services: You may only access the Services through the currently available, published interfaces provided by us. This means that you are not permitted to scrape the Services, circumvent any imposed technical limitations, or attempt to disrupt the operation of the Services in any way.
Enforcement rights: Yapper reserves the right to take enforcement actions against you if you violate these terms. This may include actions such as removing your Content, limiting its visibility, discontinuing your access to Yapper, or taking legal action. Additionally, your account may be suspended or terminated for reasons such as prolonged inactivity, potential legal risks, or commercial inviability.
Intellectual Property Licenses: You retain ownership and rights to any Content you post or share, while granting us a broad, royalty-free license to make your Content available to others worldwide. We provide you with a license to use the software we provide as part of the Services, such as the Yapper mobile application, for the purpose of enabling you to use and enjoy the Services.
Use of the Services at your own risk: We provide the Services on an "AS IS" and "AS AVAILABLE" basis, and we disclaim all warranties, responsibility, and liability to the extent permitted by law. It is possible that you may encounter offensive or harmful content posted by other users. The Services may change periodically, and we reserve the right to limit or terminate availability of the Services or specific features at any time, for you or other users.
Remedies and limitations of liability: You have the right to terminate this agreement at any time by deactivating your account and discontinuing the use of the Services. Please note that we will not be liable for certain types of damages as described in the agreement. In any case, our total liability shall not exceed $100 USD or the amount you have paid us, if any, in the past six months for the Services causing the claim. If you believe that your Content has been copied in a way that constitutes copyright infringement, please follow the reporting process outlined in these Terms.
Yapper Terms of Service
If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States
These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
These Terms are an agreement between you and UNMUTEDCO LLC, which provides Yapper nd the Services, 155 WATER STREET, BROOKLYN, NY 11201 USA. The words “we,” “us,” and “our” mean UNMUTEDCO LLC.
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with us and are not prohibited by the laws of the applicable jurisdiction from receiving services. In case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.
3. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including, for example, copyright or trademark violations or other misappropriation of intellectual property, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.yapper.social/rules-and-policies/report-violation#specific-violations and https://help.yapper.social/managing-your-account/suspended-accounts).
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.yapper.social/forms/dmca) or contacting our designated copyright agent at:
Attn: Copyright Agent
155 WATER STREET
BROOKLYN, NY 11201
Your Rights and Grant of Rights in the Content
You retain all rights to any Content you submit, post, or display on or through the Services. You own your Content, including any incorporated audio, photos, and videos.
By submitting, posting, or displaying Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods, now known or later developed. This includes curating, transforming, and translating the Content. This license allows us to make your Content available to the public and to other companies, organizations, or individuals. You agree that we can provide, promote, and improve the Services and share your Content with other parties, subject to our terms and conditions. You will not receive compensation for these additional uses of your Content.
We have guidelines for how partners can interact with your Content on the Services. These guidelines exist to maintain an open ecosystem while respecting your rights. We may modify or adapt your Content as it is distributed or make changes to adapt it to different media.
You represent and warrant that you have all necessary rights, licenses, consents, permissions, and authority to grant the rights in the Content you submit. Your Content should not infringe upon any copyright or proprietary rights, unless you have the necessary permission or legal entitlement to post the material and grant us the described license.
Using the Services
Please review our Rules and Policies, which are part of the User Agreement that outlines prohibited conduct on the Services. You must comply with these Terms and all applicable laws, rules, and regulations. Yapper takes action when Content or user behavior violates our Rules and Policies or involves sensitive media. You can find information on enforcement options and how to appeal our decisions here.
The Services are subject to change. We may, at our discretion, modify or temporarily/permanently stop providing certain features or the Services as a whole. We also reserve the right to set limits on use and storage. We may remove, refuse to distribute, or limit visibility of any Content on the Services, as well as suspend or terminate user accounts and reclaim usernames, without liability.
Certain services or features may have additional terms and conditions that apply. By using or paying for those services, you agree to the additional terms. If any of the additional terms conflict with these Terms, the additional terms will prevail while using those specific services.
If you use paid features of the Services, you agree to the applicable Terms for Paid Services.
If you use developer features of the Services, such as Yapper for Websites, Yapper Cards, Public API, or Sign in with Yapper, you agree to our Developer Agreement and Developer Policy. To reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the provided interfaces and instructions, unless stated otherwise through the Services, these Terms, or the terms on the developer portal. All other actions are strictly prohibited unless you are participating in our Vulnerability Reporting Program.
If you use advertising features of the Services, you agree to our Master Services Agreement.
You may need to create an account to use the Services. You are responsible for safeguarding your account by using a strong password and limiting its use to this account. We are not liable for any loss or damage resulting from your failure to comply with these requirements.
You have control over most communications from the Services. However, we may need to send you certain communications, such as service announcements and administrative messages, which you cannot opt-out of. If you provided a phone number for your account and later change or deactivate it, you must update your account information to prevent communication with someone who acquires your old number.
Your License to Use the Services
We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services. This license allows you to use and enjoy the Services as permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms grants you the right to use the Yapper name or any Yapper trademarks, logos, domain names, brand features, or other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) remain the exclusive property of Yapper and our licensors. Any feedback, comments, or suggestions you provide regarding Yapper or the Services are entirely voluntary, and we are free to use such feedback, comments, or suggestions without any obligation to you.
Misuse of the Yapper Services:
You also agree not to misuse the Yapper Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Yapper Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. You may not do any of the following while accessing or using the Yapper Services: (i) access, tamper with, or use non-public areas of the Yapper Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Yapper Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling or scraping the Yapper Services in any form, for any purpose without our prior written consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting or in any way use the Yapper Services to send altered, deceptive or false source-identifying information; (v) engage in any conduct that violates our Platform Manipulation and Spam Policy or any other Rules and Policies; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Yapper Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Yapper Services. It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage violation of these Terms.
Ending These Terms:
We may suspend or terminate your account or cease providing you with all or part of the Yapper Services at any time if we reasonably believe: (i) you have violated these Terms or our Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Yapper Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. To the extent permitted by law, we may also terminate your account or cease providing you with all or part of the Yapper Services for any other reason or no reason at our convenience. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Yapper Services, except that the following sections shall continue to apply: 2, 3, 5, 6, and the misuse provisions of Section 4 (“Misuse of the Services”). If you believe your account was terminated in error, you can file an appeal following the steps found in our Help Center (https://help.yapper.social/forms/account-access/appeals). For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Disclaimers and Limitations of Liability:
The Services are Available "AS-IS":
Your access to and use of the Yapper Services or any Content are at your own risk. You understand and agree that the Yapper Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Yapper Entities” refers to Yapper Corp., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE YAPPER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Yapper Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Yapper Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Yapper Services or any Content; (iii) the deletion of or the failure to store or to transmit any Content and other communications maintained by the Yapper Services; and (iv) whether the Yapper Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Yapper Entities or through the Yapper Services, will create any warranty or representation not expressly made herein.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YAPPER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE YAPPER SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE YAPPER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE YAPPER SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE YAPPER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE YAPPER SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE YAPPER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at yapper.social/tos, will govern our relationship with you. We will try to notify you of material revisions, for example, via a service notification or an email to the email associated with your account. By continuing to access or use the Yapper Services after those revisions become effective, you agree to be bound by the revised Terms. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative action proceeding.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms or the Yapper Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action, or representative action proceeding.
If you are a federal, state, or local government entity in the United States using the Yapper Services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
The Yapper User Agreement is written in English but is made available in multiple languages through translations. Yapper strives to make the translations as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English language version of the Yapper User Agreement shall take precedence. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of the Yapper User Agreement.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions about these Terms, please contact us.
Effective: February 13, 2024.