Terms of Use
Effective as of March 26, 2012
1. Acceptance of Terms
Yapp Media, LLC ("Yapp Media") welcomes you to SportsYapper. We invite you to access and use SportsYapper using the SportsYapper website (http://sportsyapper.com), our mobile website, our mobile software applications, or through other SportsYapper-branded sites or services (collectively, "SportsYapper"). We provide SportsYapper to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By accessing and using SportsYapper, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement."). If you do not agree to any of these terms, then please do not use SportsYapper.
2. Description of Service; Registration
SportsYapper is a social network and micro-blogging service for talking sports with your friends and fellow fans. We provide access to SportsYapper as described in this Agreement.
When you create a SportsYapper account, either through SportsYapper or a third party such as Facebook, Inc ("Facebook"), download a SportsYapper software application, or access and use SportsYapper, you confirm that: (1) you are at least 18 years of age, or that you are 13 years of age or older and that you have received your parents' or guardians' consent to enter into this Agreement, (2) any registration information you submit to SportsYapper is true, accurate, and complete, (3) you will update such information in order to keep it current, and (4) you agree to the terms and conditions of this Agreement.
When you sign up to SportsYapper, you may be asked to sign in using your Facebook account. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree to not use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify SportsYapper promptly if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Yapp Media is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and complete discretion.
3. Mobile Service
You are required to have the most recent version of the SportsYapper mobile software application (the "Mobile Service") on your mobile handset in order to use the Mobile Service. The Mobile Service may be acquired only via the official channels authorized by SportsYapper. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering via the authentication process associated with the Mobile Service, which authentication process may include additional terms and conditions applicable to the Mobile Service and any such terms shall form part of this Agreement. Only devices that are supported by SportsYapper may be used to access the Mobile Service, and you agree that Yapp Media has no obligation to support any particular make or model, whether or not such make or model is currently or was previously supported by Yapp Media.
4. Public Information; Facebook and Twitter
SportsYapper has features to: (1) make your profile publicly available, (2) post Yapps that are publicly viewable by other SportsYapper users and others, and (3) integrate your activities on SportsYapper with functionalities offered by other third-party social networking services, including Facebook and Twitter, including to connect your SportsYapper account to your Facebook and/or Twitter accounts. After you login to SportsYapper using your Facebook account, your SportsYapper profile, including your first and last name, Facebook user name, and Facebook profile photo will automatically become publicly viewable to other users of SportsYapper. In addition, after you connect your SportsYapper account to a Facebook and/or Twitter account, each time you post a new Yapp or call Game On, you will have the option to share the information, including a link back to SportsYapper, on Facebook and Twitter. You agree that SportsYapper is not responsible for content once it is shared to Facebook or Twitter.
5. Community Guidelines
By accessing and/or using SportsYapper, you hereby agree to comply with these community rules:
- You will not use SportsYapper for any unlawful or unauthorized purpose;
- You will not submit false or misleading information;
- You will not use SportsYapper to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use SportsYapper to collect any market research for a competing business;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights or confidential information of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
- o discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information;
- You will not "stalk" or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not reverse-engineer, decompile, disassemble, modify or create derivative works based on SportsYapper or any part thereof; and
- You will not interfere with or attempt to interrupt the proper operation of SportsYapper through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to SportsYapper through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to SportsYapper, without notice, and to remove any content or user from SportsYapper in our sole discretion, including, but not limited to, for behavior that does not adhere to these guidelines.
6. Yapp Media Content; Trademarks; Intellectual Property
SportsYapper contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Yapp Media (collectively referred to as the "Yapp Media Content"). The Yapp Media Content may be owned by us or by third parties. The Yapp Media Content is protected under both United States and foreign laws.
Yapp Media hereby grants you, during your term as an authorized SportsYapper user, a limited, non-exclusive, revocable license to download SportsYapper software applications, to receive the Yapp Media Content made available through SportsYapper, and to make personal, non-commercial use of SportsYapper.
If you violate any part of this Agreement, your permission to access and/or use SportsYapper automatically terminates and you must immediately destroy any copies you have made of the Yapp Media Content.
The trademarks, service marks, and logos of Yapp Media, including, without limitation SportsYapper (the "Yapp Media Trademarks") used and displayed on SportsYapper are registered and unregistered trademarks or service marks of Yapp Media. Other company, product, and service names located on SportsYapper may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Yapp Media Trademarks, the "Trademarks"). Nothing on SportsYapper should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Yapp Media Trademarks inures to Yapp Media's benefit.
Elements of SportsYapper are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.
7. User Content and Publicity
Users of SportsYapper retain all copyrights and other intellectual property rights in and to their Yapps and the other content they post to SportsYapper ("User Content"). Users do, however, hereby grant Yapp Media and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, advertise, publicly display, publicly perform, and otherwise use or exploit (including for profit) their User Content and all intellectual property and moral rights therein in any way throughout the universe, in each case, by or in any means, methods, media or technology now or hereafter known or conceived. This license also allows other SportsYapper users to redistribute your User Content through SportsYapper. Users also hereby grant Yapp Media and our sublicensees the right, but not the obligation, to use their User Content, username, and profile in connection with any use of the related User Content permitted by the previous sentence and/or to advertise and promote SportsYapper and/or Yapp Media. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and photograph permitted by the foregoing rights and licenses may include the display of such User Content, username, and/or photograph adjacent to advertising and other material or content, including for profit.
If you submit User Content, each such submission constitutes a representation and warranty to Yapp Media that such User Content is your original creation (or you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph and that such User Content and its use by Yapp Media and its content partners of such User Content as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory or obscene material.
As described above, SportsYapper makes it possible for you to post User Content on third-party websites, such as Facebook and Twitter. This use is accepted (and even encouraged). Pages on such third-party websites that display User Content may provide a link back to SportsYapper.
8. No Warranties; Limitation of Liability
sportsyapper and its components and any other materials provided on or through sportsyapper are provided "as is" and "as available." yapp media makes no warranties with respect to sportsyapper or otherwise in connection with this agreement and hereby disclaims any and all express, implied, or statutory warranties, including, without limitation, any warranties of title, merchantability, non-infringement, fitness for a particular purpose, availability, error-free, virus-free, or uninterrupted operation, and any warranties arising from a course of dealing, course of performance or usage of trade. to the extent that yapp media may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
in addition, you specifically acknowledge and agree that: (1) yapp media has no control over (and is merely a passive conduit with respect to) any user content or advertising that may be submitted, published, or served on sportsyapper, (2) yapp media does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user content, advertising, or other communications posted via sportsyapper or endorse any opinions expressed via sportsyapper, (3) sportsyapper may contain materials that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate, and (4) you are solely responsible (and assumes all liability and risk) for determining whether or not such materials are appropriate or acceptable to you.
to the maximum extent permitted by applicable law, yapp media and its officers, directors, employees, subsidiaries, affiliates, agents, partners, licensees, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (1) your access to or use of or inability to access or use sportsyapper; (2) any conduct or content on sportsyapper, including without limitation, any user content; and (3) any unauthorized access, use, or alteration of your user content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not yapp media has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. External Sites
SportsYapper may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10. Indemnification
You agree to defend, indemnify, and hold Yapp Media and its officers, directors, employees, subsidiaries, affiliates, agents, partners, licensees, and licensors harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your representations or warranties given in this Agreement or your access to, use, or misuse of SportsYapper. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. Digital millennium copyright act
Yapp Media respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
David Goret, Esq.
Lowenstein Sandler PC
65 Livingston Avenue
Roseland, New Jersey 07068
Tele: 973-597-2500
Fax: 973-597-2400
dgoret@lowenstein.com
SportsYapper is based in the United States. We make no claims concerning whether SportsYapper content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access SportsYapper or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of SportsYapper, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of SportsYapper at any time without prior notice or liability.
13. Miscellaneous
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree: (1) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (2) that SportsYapper shall be deemed a passive service that does not give rise to personal jurisdiction over Yapp Media, either specific or general, in jurisdictions other than New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Yapp Media Content; Trademarks; Intellectual Property," "User Content and Publicity," "No Warranties; Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
