TERMS & CONDITIONS OF USE
1. Your Acceptance of These Terms
YawpBox.com is a unique social networking and entertainment platform that allows
people to share their life experiences with others, and network with other people
that have similar experiences and interests. The YawpBox services are hosted in
the U.S. YawpBox provides its services subject to certain terms and conditions,
including the terms set out below. BY USING AND/OR VISITING THIS WEBSITE and all
related websites (collectively, including all Content available through the YawpBox.com
domain name, the "YawpBox Website", or "Website"), YOU SIGNIFY YOUR AGREEMENT TO
(1) these terms and conditions (the "Terms of Service") and any subsequent updates
thereto during your period of use, and (2) YawpBox's privacy notice, found at
http://www.yawpbox.com/privacypolicy.aspx
and incorporated herein by reference. You also agree to be legally bound by all
of these terms and conditions, whether or not you are a visitor or a registered
member (collectively, “Users”) of the YawpBox website. If you do not agree to any
of these terms, or to the terms of the YawpBox privacy notice, please do not use
the YawpBox Website and exit it immediately. If you wish to become a Member of YawpBox,
you must read these Terms & Conditions and indicate your acceptance of them during
the registration process. Although we may attempt to notify you when major changes
are made to these Terms of Service, you should periodically review the most up-to-date
version found on the YawpBox website. YawpBox may, in its sole discretion, modify
or revise these Terms of Service and policies at any time, and you agree to be bound
by such modifications or revisions. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits to any person or entity.
2. The YawpBox Website
These Terms & Conditions of Service apply to all users of the YawpBox Website, including
users who are viewers or contributors of video content, photo content, audio content,
text, information, and other materials or services on the Website. YawpBox provides
numerous resources, including communications tools, forums, games, and other services.
All of these resources, and any future features offered by YawpBox, are subject
to these Terms & Conditions.
You understand that the YawpBox Website may contain links to other websites that
are not owned or controlled by YawpBox in any way. YawpBox has no control over,
and assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, YawpBox will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly relieve
YawpBox from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the YawpBox Website and
to read the terms and conditions and privacy policy of each other website that you
visit.
You understand and agree that the YawpBox Services are provided "AS-IS" and that
YawpBox does not assume any responsibility for the content of any of its content
or communications, or the deletion or failure to display or store any user contribution
and/or communication. You also understand and agree that the service may include
certain communications from YawpBox, such as service announcements, administrative
communications, and YawpBox newsletters or other similar informational communications,
and that these communications, in whole or in part, are considered part of your
YawpBox membership and you will not be able to opt out of receiving such without
prior cancellation of your membership and account. Unless explicitly stated otherwise,
any new features or content that enhances or broadens the current YawpBox Services
shall be subject to the Terms & Conditions of Service as stated herein.
3. YawpBox Accounts
In order to access some features of YawpBox, you will have to create a
user account. You may never use another's account without permission. When creating
your account, you (the "User") agree to: (i) provide only true, accurate, current,
and complete information (the "Data") about yourself as prompted by the Service's
registration form; and (ii) maintain and promptly update this Data to keep it true,
accurate, current and complete. If you provide any Data that is untrue, inaccurate,
not current, or incomplete, or if YawpBox has reasonable grounds to suspect that
such Data is untrue, inaccurate, not current, or incomplete, YawpBox has the right
suspend or terminate your User account and to refuse any and all current or future
use of the Service, or any portion thereof. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure. You
must notify YawpBox immediately of any unauthorized use of your account.
Although YawpBox will not be liable for your losses, if any, caused by any unauthorized
use of your account, you may be liable for the losses of YawpBox or others due to
such unauthorized use.
4. Website Use
YawpBox hereby grants you permission to access and use the Website as set
forth in these Terms & Conditions of Service, provided that: (i) use of the Website
is solely permitted for your own personal, noncommercial, access and use; and (ii)
you will not copy, distribute, or exploit any part of the Website in any way without
YawpBox’s prior written authorization; and (iii) you will not alter, modify, or
amend any part of the Website other than as may be reasonably necessary to use the
Website for its intended purpose; and (iv) you will comply with the terms and conditions
of these Terms & Conditions of Service, as well as any other established YawpBox
governing policy.
You agree not to access User Submissions (defined below) or YawpBox Content through
any technology or means other than the playback pages of the Website itself or other
explicitly authorized means YawpBox may designate.
Prohibited commercial uses include any of the following actions taken without YawpBox’s
express approval: (i) sale of access to the Website or its related services on another
website; (ii) use of the Website or its related services for the primary purpose
of gaining advertising or subscription revenue; (iii) the sale of advertising, on
the YawpBox website or any third-party website, targeted to the content of specific
User Submissions or YawpBox content; (iv) and any use of the Website or its related
services that YawpBox finds, in its sole discretion, to use YawpBox’s resources
or User Submissions with the effect of competing with or displacing the market for
YawpBox. Prohibited commercial uses do not include uploading an original photo,
video, audio submission, or text entry to YawpBox, or any other use that YawpBox
expressly authorizes in writing.
You hereby agree not to use or launch any automated program, software system, or
the like, including without limitation, “spiders,” "robots," or "offline readers,"
that accesses the Website in a manner that sends more request messages to the YawpBox
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
YawpBox grants the operators of public search engines permission to use spiders
to copy materials from the Website, within reason, for the sole purpose of and solely
to the extent necessary for creating publicly available searchable indices of the
materials contained therein, but not caches or archives of such materials. YawpBox
reserves the right to amend and/or revoke these exceptions either generally or in
specific cases, without notice, and for any reason. You agree not to collect or
harvest any personally identifiable information, including account names and/or
user names, from the Website, nor to use the communication tools and/or systems
provided by the Website for any commercial purposes of any kind. You agree not to
solicit, for commercial purposes, any other users of the Website. You will otherwise
comply with the terms and conditions of these Terms & Conditions of Service, along
with all applicable local, national, and international laws and regulations. YawpBox
reserves the right to discontinue any aspect of the YawpBox Website at any time.
5. Using Content from the Website
Content on the Website is provided to you AS IS for your information and personal
use only and may not be downloaded, reproduced, copied, transmitted, distributed,
displayed, broadcast, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. YawpBox reserves
all rights not expressly granted in and to the Website and the Content. You may
access User Submissions solely for your information and personal use, as intended
through the normal functionality of the YawpBox Service, and for Streaming. "Streaming"
means a contemporaneous digital transmission of an audiovisual work via the Internet
from the YawpBox Service to a user's device in such a manner that the data is intended
for real-time viewing and not intended to be copied, stored, permanently downloaded,
or redistributed by the user. Accessing User Submissions for any purpose or in any
manner other than Streaming is expressly prohibited.
You may access YawpBox Content, User Submissions and other content on the Website
only as permitted under this Agreement and these Terms & Conditions. YawpBox reserves
all rights not expressly granted in and to the Website. You agree to not engage
in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User Submissions
of third parties obtained through the Website for any commercial purposes. You also
agree not to circumvent, disable or otherwise interfere with in any manner any security-related
features of the YawpBox Website, or features that prevent or restrict use or copying
of any Content. .
You also understand that when using the Website, you will be exposed to User Submissions
from a variety of sources, and that YawpBox is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that, despite the best efforts
of the Website, you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL
OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST YAWPBOX WITH RESPECT
THERETO, AND AGREE TO INDEMNIFY AND HOLD YAWPBOX, ITS OWNERS/OPERATORS, AFFILIATES,
AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS
RELATED TO YOUR USE OF THE SITE.
6. User Submissions & Conduct
YawpBox account holders may submit video content, photo content, audio
content, textual content, data, graphics, or other materials, in whole or in part,
all of which are collectively referred to as "User Submissions." You understand
that whether or not such User Submissions are published, YawpBox does not guarantee
any confidentiality with respect to any User Submissions. Furthermore, you shall
be solely responsible for your own User Submissions and the consequences of posting
or publishing them. You understand that YawpBox does not control the content posted
on the Website and thus cannot guarantee its accuracy, quality, or integrity.
You understand that by accessing and using the Website, you may be exposed to User
Submissions or content that is indecent, objectionable, and/or offensive, despite
efforts by YawpBox to prevent such content. Under no circumstances will YawpBox
be liable for, in any way, any User Submissions or other content, including but
not limited to, any errors or omissions in any content, or for any loss or damage,
of any kind, incurred as a result of the use of any content emailed, made available,
posted, uploaded, or otherwise transmitted via the Website.
SPECIFICALLY, BUT NOT LIMITED TO, YOU AGREE TO NOT KNOWINGLY OR INTENTIONALLY USE
YAWPBOX TO: (i) IMPOSE HARM OR POTENTIAL HARM UPON ANY PERSON, SPECIFICALLY INCLUDING
MINORS, IN ANY WAY; AND (ii) MAKE AVAILABLE, UPLOAD, OR OTHERWISE TRANSMIT ANY CONTENT
THAT IS ABUSIVE, HARASSING, HARMFUL, DEFAMATORY, HATEFUL, LIBELOUS, OBSCENE, PORNOGRAPHIC,
RACIALLY OR ETHNICALLY OFFENSIVE, THREATENING, UNLAWFUL, OR ENCOURAGES CONDUCT THAT
WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL UNREST OR LIABILITY,
VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE; AND (iii) MAKE AVAILABLE, UPLOAD,
OR OTHERWISE TRANSMIT ANY CONTENT THAT MAY INFRINGE UPON ANY COPYRIGHT, PATENT,
TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF ANY PARTY; and (iv) make
available, upload, or otherwise transmit any unsolicited or unauthorized advertising,
"chain letters", "junk mail", unsolicited email or "spam", illegal pyramid schemes,
or any other form of commercial solicitation, except in those areas or groups that
may be designated by YawpBox for such purpose on the Website; and (v) make available,
upload, or otherwise transmit any material that may contain software viruses, spyware,
adware, or other computer code, files, or programs designed to destroy, interrupt,
or limit the functionality of any computer software or hardware or telecommunications
equipment; and (vi) make available, upload, or otherwise transmit any content that
you do not have a written right to transmit under any law or under any contractual
agreement or relationship; and (vii) attempt to disguise the origin of any content
transmitted through the Website; and (viii) disrupt or interfere with the Service,
servers, or networks connected to the Website; and (ix) impersonate any person or
entity, including but not limited to, any YawpBox employee, contractor, moderator,
or host, or to falsely state or otherwise misrepresent your affiliation with a person,
entity, or YawpBox; and (x) harass, intimidate, or threaten in any way another person
affiliated, in any way, with the YawpBox Website; and (xi) violate, intentionally
or unintentionally, any applicable local, state, provincial, regional, national,
or international laws, statutes, and/or codes.
In connection with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use
and authorize YawpBox to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the Website and these
Terms & Conditions of Service. You retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to YawpBox, you hereby grant
YawpBox and its affiliated companies and sub-licensees a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to reproduce, distribute,
prepare derivative works of, display, and otherwise use in any manner the User Submissions
in connection with the YawpBox Website and its business, along with its successors'
and affiliates' business, including without limitation for promoting and redistributing
part or all of the YawpBox Website (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the YawpBox Website
a non-exclusive license to access your User Submissions through the Website, and
to use, reproduce, distribute, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms & Conditions of Service.
These licenses also permit YawpBox to publish your name or other identifying assignment
in connection with your User Submission, and also the right to sublicense any of
the rights listed above to any third party associated with YawpBox and its designees.
You also warrant that each person or image depicted or recorded in any User Submission
as provided by you has provided consent to the use of the User Submission content
as set forth in these Terms & Conditions of Service, including, by way of example
only, the distribution, public display, and reproduction of such User Submission;
or that their consent is not required by law for the uses described herein. You
understand that no compensation will be paid to you, the User who has provided the
User Submission, with respect to the use of your User Submission, as provided herein.
The above licenses granted by you terminate within a commercially reasonable time
after you remove or delete your User Submissions from the YawpBox Service. You understand
and agree, however, that YawpBox may retain, but not display or distribute, server
copies of User Submissions that have been removed or deleted.
In connection with all User Submissions that you post to YawpBox, you further agree
that you will not submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant YawpBox all of the license rights granted
herein. Furthermore, YAWPBOX DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION,
RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND YAWPBOX EXPRESSLY DISCLAIMS ANY
AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. YAWPBOX DOES NOT PERMIT COPYRIGHT
INFRINGING ACTIVITIES AND/OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS
WEBSITE IN ANY MANNER, AND YAWPBOX WILL REMOVE ALL CONTENT AND USER SUBMISSIONS
IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S
INTELLECTUAL PROPERTY RIGHTS. YAWPBOX ALSO RESERVES THE RIGHT TO REMOVE CONTENT
AND USER SUBMISSIONS WITHOUT PRIOR NOTICE.
7. Termination
You understand and agree that your access and use of YawpBox’s Website and services
may be terminated in whole or in part in the sole discretion of YawpBox. YawpBox
may alter or remove any content originating from your user account for any reason.
You agree that any termination of your access to YawpBox under any provision of
these Terms & Conditions of Service may be effected with or without prior notice.
You acknowledge and agree that YawpBox may deactivate, delete, or suspend access
to your account and all related information and files in your account. You agree
that YawpBox shall not be liable to you or any third party for any termination of
your account and/or access to the YawpBox Services.
YawpBox reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms & Conditions of Service for violations other than
copyright infringement and violations of intellectual property law, such as, but
not limited to, pornography, obscene or defamatory material, or excessive length.
YawpBox may remove User Submissions and/or terminate a User's access for uploading
any material in violation of these Terms & Conditions of Service at any time, without
prior notice and at its sole discretion.
8. Minor and Child Protection
Under no circumstances, even with legal parental or guardian consent, should any
person under the age of thirteen (13) be permitted to access and use the YawpBox
Services and/or Website. If you are under the age of thirteen (13) then you must
exit this Website immediately as the YawpBox Website is not intended for children
under the age of thirteen (13). If you are under the age of eighteen (18), you affirm
that you are at least thirteen (13) years of age and do possess legal parental or
guardian consent, and are fully able and competent to enter into the affirmations,
conditions, obligations, representations, terms, and warranties set forth in this
Terms & Conditions of Service, and to abide by and comply with this Terms & Conditions
of Service. Despite YawpBox’s best efforts to prevent or remove offensive material,
YawpBox's Website may contain images or content that could be considered adult in
nature. In order to view such content, only those users who are registered to be
of eighteen (18) years of age or older will be allowed access.
9. Digital Millennium Copyright Act
YawpBox completely respects the intellectual property rights of others, and we demand
all YawpBox users to tender the same level of respect. In accordance with the Digital
Millennium Copyright Act ("DMCA"), YawpBox will respond expeditiously to claims
of copyright infringement committed through use of the YawpBox Services provided
all such claims are reported to YawpBox’s "Designated Agent for Notice of Claims
of Copyright Infringement", pursuant to the DMCA written statutes governing such
notices. If you are a copyright owner or an agent thereof and believe that any User
Submission or other content on the YawpBox website infringes upon your copyrights,
you may submit a notification pursuant to the DMCA by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
• A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service provider to locate the
material;
• Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
• A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
YawpBox’s designated Copyright Agent to receive notifications of claimed infringement
is: Anthony Bruster, 2900 St. Michael Drive, 5th Floor, Texarkana, TX 75503, email:
copyright@yawpbox.com, fax: 903-223-8520. For clarity, only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be directed to YawpBox customer service
through support@yawpbox.com. You acknowledge that if you fail to comply with all
of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice: If you believe that your User Submission that was removed (or to
which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission, you may send a counter-notice
containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed or
disabled;
• A statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in Texarkana, Texas, and a statement
that you will accept service of process from the person who provided notification
of the alleged infringement.
If a counter-notice is received by the Copyright Agent, YawpBox may send a copy
of the counter-notice to the original complaining party informing that person that
it may replace the removed content or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored, in
10 to 14 business days or more after receipt of the counter-notice, at YawpBox's
sole discretion.
10. Intellectual Property Rights of YawpBox
The YawpBox Website, except all User Submissions as defined herein, including but
without limitation to, audio, graphics, music, photographs, scripts, software, text,
video, and interactive features and the like, also know as the Content, and the
logos, service marks, trademarks, and the like contained herein (the "Marks") are
owned by or licensed to YawpBox.com, LLC, and/or BrusterPowers, LLC, subject to
copyright and other intellectual property rights under the laws of the United States
of America and other foreign laws and international conventions. Content on the
Website is provided AS-IS for informational and personal use only and may not be
broadcast, copied, displayed, reproduced, sold, transmitted, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective
owner(s). YawpBox reserves all rights not expressly granted in and to the Website
and the Content. You agree to not engage in the distribution, copying, or use of
any of the Content other than expressly permitted herein, including any copying
distribution, or use of User Submissions by third parties obtained through the Website
for any purposes other than personal use. If you download or print a copy of the
Content for personal uses, you must retain all copyright and other proprietary notices
contained therein. You agree not to disable, circumvent, or otherwise interfere
with security features, directly or indirectly, of the Website or features that
prevent or restrict copying or use of any Content or impose or enforce limitations
on the use of the Website or the Content therein.
11. Account Password & Security
When registering for membership with YawpBox, you will create a unique username
and password for use to access the YawpBox Website and Services. You are solely
responsible for maintaining the confidentiality of the password and are fully responsible
for all activities that occur under your username and password. You agree to immediately
notify YawpBox of any unauthorized use of your username and/or password or any other
breach of security that you become aware of. You agree that YawpBox will not be
liable for any damages or losses incurred from your failure to comply with this
Section.
12. Other Terms
You agree to comply with all rules for your local area regarding online conduct
and acceptable Content or materials. You further agree to comply with all applicable
laws regarding the transmission of Content, images, or technical data exported from
or imported to the city, state, province, region, or country, or as may otherwise
be applicable, in which you reside or from which you upload or transmit content
to YawpBox.
13. WARRANTY DISCLAIMER
YOU ACKNOWLEDGE AND EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
YAWPBOX WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE YAWPBOX
SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS ONLY. TO THE FULLEST
EXTENT PERMITTED BY LAW, YAWPBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND/OR NON-INFRINGEMENTS.
ANY CONTENT OR MATERIAL DOWNLOADED FROM YAWPBOX’S WEBSITE, OR OTHERWISE OBTAINED,
IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR TELEPHONIC EQUIPMENT, OR LOSS OF DATA THAT MAY
RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR OTHERS FROM YAWPBOX OR THROUGH OR FROM
THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS
OF SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YAWPBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND/OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND SERVICES, AND YOUR USE THEROF. YAWPBOX MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT NOR THE CONTENT OF ANY
SITES LINKED TO YAWPBOX’S WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY: (i) ERRORS, INACCURACIES, OR MISTAKES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTLING FROM YOUR ACCESS TO AND USE OF THE
YAWPBOX WEBSITE AND/OR SERVICES, INCLUDING YOUR ATTEMPTS TO DEVELOP OR OBTAIN CONTENT
FOR ANY YAWPBOX ASSOCIATED TELEVISION SHOWS OR OTHER MEDIA OFFERINGS; (iii) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY BUGS, VIRUSES, MALICIOUS PROGRAMS,
ADWARE, SPYWARE, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSIMITTED TO OR FROM
OUR WEBSITE; (v) ANY ERRORS AND/OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE YAWPBOX WEBSITE. YAWPBOX DOES NOT ENDORSE, GUARANTEE,
WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE YAWPBOX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING. YAWPBOX WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, THE USER, AND THIRD PARTY
VENDORS OR PROVIDERS OF PRODUCTS AND/OR SERVICES. AS IS TRUE WITH ANY PURCHASE,
YOU SHOULD BE DILIGENT AND USE YOUR BEST JUDGMENT AND EXERCISE CAUTION, WHERE APPROPRIATE,
WHEN MAKING A PURCHASE.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL YAWPBOX, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE YAWPBOX WEBSITE AND/OR
SERVICES, INCLUDING YOUR ATTEMPTS TO DEVELOP OR OBTAIN CONTENT FOR ANY YAWPBOX ASSOCIATED
TELEVISION SHOWS OR OTHER MEDIA OFFERINGS, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YAWPBOX
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YAWPBOX SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by YawpBox from facilities in the United States
of America. YawpBox makes no representations that the YawpBox Website is appropriate
or available for use in other locations. Those who access or use the YawpBox Website
from other jurisdictions do so at their own volition and are responsible for compliance
with local law.
15. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YAWPBOX, ITS PARENT CORPORATION,
OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING
BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO
THE YAWPBOX WEBSITE AND ALL ASSOCIATED CONDUCT, INCLUDING ANY ACTIVITIES RELATED
TO THE YAWPBOX TELEVISION SHOW; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS &
CONDITIONS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING
WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM
THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND
INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS & CONDITIONS OF SERVICE AND
YOUR USE OF THE YAWPBOX WEBSITE.
16. Assignment
These Terms & Conditions of Service, and any licenses or rights granted hereunder,
may not be transferred or assigned by you, but may be assigned by YawpBox without
restriction.
17. General Use and Storage
You acknowledge and agree that YawpBox may establish practices and limits concerning
the use of the Website and/or related YawpBox services, including but not limited
to: (i) the maximum number of messages that may be sent from or received by an account;
(ii) the maximum size or duration of any message or User Submission that may be
sent from or received by an account; (iii) the maximum disk space that may be allotted
on the YawpBox servers on your behalf; and (iv) the maximum number of times and
duration for which you may access YawpBox in a given period of time to be determined
at the sole discretion of YawpBox. You agree that YawpBox has no responsibility
or liability for the deletion of or the failure to store any messages, User Submissions,
or other content maintained or transmitted by YawpBox. You acknowledge that YawpBox
reserves the right to log off users that are inactive for a given period of time
to be determined at the sole discretion of YawpBox. You further acknowledge that
YawpBox reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
18. Service Modifications
YawpBox reserves the right to, at any time, modify, suspend (in whole or
in part), or discontinue, temporarily or permanently, the Website or any services
associated therewith, or any part thereof, with or without notice. You agree that
YawpBox shall not be liable to you or to any third party for any modification, suspension,
or discontinuance of any service, or any part thereof.
19. Dealings with Advertisers
You agree that any dealings, personal or commercial, with any Advertiser found on
the Website is solely between you and such Advertiser. You agree that YawpBox shall
not be responsible or liable for any loss or damage of any sort incurred as a result
of any such dealings or as a result of the presence of such Advertisers on the Website.
20. Notices
You acknowledge that notices concerning YawpBox’s Website and/or Services may be
made by: (i) posting on the YawpBox Website; (ii) electronic mail, or email, sent
to the address of record as provided within your User account; (iii) postal mail
delivery, or any combination thereof. YawpBox may also provide notices of changes
to these Terms & Conditions of Service or other governing policies of YawpBox or
other matters by displaying notices or links to notices in general locations on
the Website, which you agree to be legally sufficient notice.
21. Violations
Please report any violations of these Terms of Service or other governing policies
of YawpBox, other than alleged copyright infringement issues, to our Customer Service
department at: support@yawpbox.com.
For matters of alleged copyright infringement, please refer to Section 9 of these
Terms & Conditions of Use (see previous).
22. Jurisdiction; Governing Law; Forum Selection; Severability; Statute of Limitations
You agree that: (i) the YawpBox Website shall be deemed solely based in
Texas; and (ii) the YawpBox Website shall be deemed a passive website that does
not give rise to personal jurisdiction over YawpBox, either specific or general,
in jurisdictions other than Texas. These Terms & Conditions of Service shall be
governed by the internal substantive laws of the State of Texas, without respect
to its conflict of laws principles. ANY CLAIM OR DISPUTE BETWEEN YOU AND YAWPBOX
THAT ARISES IN WHOLE OR IN PART FROM THE YAWPBOX WEBSITE, OR ANY ASSOCIATED YAWPBOX
SERVICES INCLUDING THE YAWPBOX TELEVISION SHOW, SHALL BE DECIDED EXCLUSIVELY BY
THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS, TEXARKANA DIVISION,
LOCATED IN TEXARKANA, BOWIE COUNTY, TEXAS. These Terms & Conditions of Service,
together with the Privacy Notice at
http://www.yawpbox.com/privacypolicy.aspx and any other legal notices published
by YawpBox on the Website, shall constitute the entire agreement between you and
YawpBox concerning the YawpBox Website. If any provision of these Terms & Conditions
of Service is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms & Conditions of Service, which shall remain in full force and effect. No waiver
of any term of these Terms & Conditions of Service shall be deemed a further or
continuing waiver of such term or any other term, and YawpBox’s failure to assert
any right or provision under these Terms & Conditions of Service shall not constitute
a waiver of such right or provision. YawpBox reserves the right to amend these Terms
& Conditions of Service at any time and without notice, and it is your responsibility
to review these Terms & Conditions of Service for any changes. Your use of the YawpBox
Website following any amendment of these Terms & Conditions of Service will signify
your assent to and acceptance of its revised terms. YOU AND YAWPBOX AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YAWPBOX WEBSITE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
©2008 YawpBox, LLC. All rights reserved.