Yawp Terms of Service

Effective: October 17, 2016

These Terms govern your access to and use of Yawp, operated and provided by antidote sp. z o.o., including Yawp mobile application, website and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Yawp (collectively referred to as “Content”). Your access to and use of Yawp is conditioned on your acceptance of and compliance with these Terms. By accessing or using Yawp you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of Yawp, for any Content you post to Yawp, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
You may use Yawp only if you can form a binding contract with antidote sp. z o.o. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Yawp on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Yawp only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Yawp Services are always evolving and the form and nature of Yawp may change from time to time without prior notice to you. In addition, antidote sp. z o.o. may stop (permanently or temporarily) providing Yawp (or any features within Yawp) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy

Our collection and use of your information is governed by the Yawp Privacy Statement. You understand that through your use of Yawp you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by antidote sp. z o.o. As part of providing you the Yawp Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Yawp Services which you may not be able to opt-out from receiving.

3. Access Credentials

If you are using Yawp on behalf of a company, organization, government, or other legal entity, you are responsible for safeguarding the Content you submit to Yawp and for any activities or actions under your behalf. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with account that you may connect to your Yawp account. antidote sp. z o.o. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Content on Yawp

All Content publicly posted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Yawp and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Yawp or obtained by you through Yawp 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 Yawp or endorse any opinions expressed via Yawp. You understand that by using Yawp, 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. Under no circumstances will antidote sp. z o.o. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Yawp.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through Yawp. In order to make Yawp available to you and other users, antidote sp. z o.o. needs a license from you. By submitting, posting or displaying Content on or through Yawp, 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).
You agree that this license includes the right for antidote sp. z o.o. to provide, promote, and improve Yawp and to make Content submitted to or through Yawp available to other companies, organizations or individuals who partner with antidote sp. z o.o. for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by antidote sp. z o.o., or other companies, organizations or individuals who partner with antidote sp. z o.o., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Yawp.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Yawp, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. antidote sp. z o.o. will not be responsible or liable for any use of your Content by antidote sp. z o.o. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License to Use Yawp

antidote sp. z o.o. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by antidote sp. z o.o. This license is for the sole purpose of enabling you to use and enjoy the benefit of Yawp as provided by antidote sp. z o.o., in the manner permitted by these Terms.

7. Yawp Rights

All right, title, and interest in and to Yawp Services (excluding Content provided by users) are and will remain the exclusive property of antidote sp. z o.o. and its licensors. Yawp is protected by copyright, trademark, and other laws of both the United States and foreign countries. antidote sp. z o.o. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding antidote sp. z o.o. or Yawp Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of Yawp

Please review the Yawp Community Guidelines (which are part of these Terms) to better understand what is prohibited on Yawp. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Yawp and suspend or terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of antidote sp. z o.o., its users and the public.
You may not do any of the following while accessing or using Yawp: (i) access, tamper with, or use non-public areas of Yawp Services, Yawp’s computer systems, or the technical delivery systems of Yawp’s 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 Yawp Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by antidote sp. z o.o. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with antidote sp. z o.o. (NOTE: crawling Yawp Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Yawp Services without the prior consent of antidote sp. z o.o. 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 Yawp Services to send altered, deceptive or false source-identifying information; or (v) 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 Yawp Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Yawp Services.

9. Copyright Policy

antidote sp. z o.o. respects the intellectual property rights of others and expects users of Yawp Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Yawp will also terminate a user’s access if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Yawp is:
Copyright Agent - antidote sp. z o.o.
Tylna 3c/31
Lodz, 90-364
Poland
Email: info@antidoteapp.com

10. Ending These Terms

The Terms will continue to apply until terminated by either you or antidote sp. z o.o. as follows.
You may end your legal agreement with antidote sp. z o.o. at any time for any reason by discontinuing your use of Yawp.
We may suspend or terminate your accounts or cease providing you with all or part of Yawp Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Yawp Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Yawp Services, or the next time you attempt to access our Services, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use Yawp Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights of antidote sp. z o.o. to change, limit or stop the provision of Yawp Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of antidote sp. z o.o. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Yawp Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. Yawp Services Are Available “AS-IS”
Your access to and use of Yawp Services or any Content is at your own risk. You understand and agree that Yawp Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Yawp ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Yawp Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Yawp or any Content; (ii) any harm to your computer or mobile system, loss of data, or other harm that results from your access to or use of Yawp, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Yawp; (iv) whether Yawp 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 Yawp Entities or through Yawp, will create any warranty not expressly made herein.
B. Links
Yawp Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Yawp Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Yawp 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Yawp; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON Yawp, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM Yawp; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Yawp ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID antidote sp. z o.o., IF ANY, IN THE PAST SIX MONTHS FOR Yawp 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 Yawp 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.

12. General Terms

A. Waiver and Severability
The failure of antidote sp. z o.o. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 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.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Yawp Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using Yawp 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).
C. Entire Agreement
These Terms, the Yawp Community Guidelines and our Privacy Statement are the entire and exclusive agreement between antidote sp. z o.o. and you regarding Yawp Services (excluding any services for which you have a separate agreement with antidote sp. z o.o. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between antidote sp. z o.o. and you regarding Yawp Services.
We may revise these Terms from time to time, and the most current version will always be at www.yawp.me If the revision, in our sole discretion, is material we will notify you through Yawp Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Yawp Services after those revisions become effective, you agree to be bound by the revised Terms.

These Terms are an agreement between you and antidote sp. z o.o., a Polish company with its registered office at Tylna 3c/31, 90-364 Lodz, Poland.

If you have any questions about these Terms, please contact us at hello@yawp.me.

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