Terms Of Use
Date of Last Revision:s September 27, 2007
Introduction
Welcome to YippeeO.com, a local social networking and search site where members can stay in touch with their friends and family , meet new people and share ('YippeeO Service'). Yippeeo.com is operated by YippeeO, LLC. ('YippeeO'). By using the YippeeO Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
You must be 13 years or older to use the YippeeO Service. By registering for the YippeeO Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a YippeeO.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The YippeeO Service is made available for your personal, non-commercial use only. You may not use the YippeeO Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the YippeeO.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does YippeeO have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the YippeeO Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the YippeeO Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Yippeeo.com
- Create a false or misleading identity of, including, but not limited to, a YippeeO employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Access any content made available on the Yippeeo.com website through any technology or means other than as YippeeO shall explicitly designate for the purpose.
- Disable, circumvent, or otherwise interfere with any security and/or copyright protection features of the Yippeeo.com website, which shall include any features that limit or control the use of the Yippeeo.com website or your ability to access, use, copy or share content.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel
bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Yippeeo.com Service in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the website (and all related technologies).
- Attempt to gain unauthorized access to the YippeeO Service, other accounts, computer systems or networks connected to the YippeeO Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the YippeeO Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Yippeeo.com Service.
- Reformat or frame any portion of the web pages that are part of the Yippeeo.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the YippeeO Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the YippeeO Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Yippeeo.com website by electronic or other means.
- Use the Yippeeo.com website for any commercial use, without the prior written consent of YippeeO.
Proprietary Rights
- YippeeO does not claim any ownership rights in any Materials that you submit, post, or display on or through the YippeeO Services or on the Yippeeo.com Web site. After submitting, posting or displaying Materials on or through the YippeeO Services or on the Yippeeo.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the YippeeO Service, you hereby grant to YippeeO a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the YippeeO Service.
Without this license, YippeeO would be unable to provide the YippeeO Service. For example, without the right to modify your Materials, YippeeO would not be able to digitally compress
music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, YippeeO could not allow users and Members to listen to music posted by Members. The license you grant to YippeeO is non-exclusive (meaning you are free to license your Materials to anyone else in addition to YippeeO), fully-paid and royalty-free (meaning that YippeeO is not required to pay you for the use on the YippeeO Service of the Materials that you post), sublicensable (so that YippeeO is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the YippeeO Service), and worldwide (because the Internet and the YippeeO Service are global in reach). This license will terminate at the time you remove your Materials from the YippeeO Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the YippeeO Service, YippeeO reserves the right to remove all of your Materials from other Member's pages. The license does not grant YippeeO the right to sell your Materials, nor does the license grant YippeeO the right to distribute your Materials outside of the YippeeO Service. You represent and warrant that: (i) you own the Materials posted by you on or through the YippeeO Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the YippeeO Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the YippeeO Service.
YippeeO, Inc. and its affiliates and licensors own and retain all rights in the Yippeeo.com Web site and YippeeO Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the YippeeO Service by Yippeeo.com. Except as expressly authorized by Yippeeo.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of ' Yippeeo.com’s proprietary information. 'YippeeO' and '' Yippeeo.com and '4Sale' are trademarks of YippeeO, Inc.
YippeeO 4Sale Guidelines
YippeeO is a social utility that connects people with friends, family and neighbors who work, study and live around them. YippeeO 4Sale enables users to connect with each other by posting classified ads on YippeeO ("YippeeO 4Sale" or the "Service"). All listings posted on or through the Services ("Listings") and all transactions conducted in connection therewith, are subject to and governed by these YippeeO 4Sale Guidelines (the "Guidelines") as well as the YippeeO Terms of Use. WHEN YOU USE YIPPEEO 4SALE IN ANY MANNER YOU ARE AGREEING TO ABIDE BY THESE GUIDELINES ("GUIDELINES") AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE.
Please note that all Listings are posted and offered by the user, not by YippeeO, and the parties participating in a transaction are solely responsible for all aspects of such transaction and for resolving any disputes that arise in connection therewith, including but not limited to payment processing, fulfillment and customer support.
Listing Rules
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All Listings must be accurate and not misleading, and you may not use the Service in a fraudulent manner or to engage in any fraudulent activity or purpose or to impersonate any person or entity. |
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You may list an item in only one Listing at a time per network, and in the most appropriate category. |
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All real estate Listings must comply with the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Your state or local jurisdiction may impose additional requirements, and your Listings must comply with those requirements as well. |
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You may not list any item for sale, lease or rent that is not in your possession or that you do not have the right to sell lease or rent at the time the item is listed. |
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You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs. |
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You may not post in your Listings any content that is infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity rights or otherwise violates these Guidelines or the Terms of Use. |
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You may not promote, encourage or solicit illegal activity of any kind. |
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You may not offer, list, sell or lease any items that are designated in these Guidelines as Prohibited Items or that would violate these Guidelines in any manner. |
All Listings and all transactions entered into through the Service must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through the Service in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law. |
Prohibited Items
Without limiting any of the restrictions contained elsewhere in these Guidelines or the Terms of Use, the following items may not be sold, leased, rented, provided or otherwise transacted through YippeeO 4Sale: |
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Firearms, ammunition and other weapons and related accessories (including martial arts weapons) |
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Fireworks or any destructive devices or explosives |
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Child pornography or obscenity |
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Illegal drugs and drug paraphernalia |
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Prescription or nonprescription drugs and medical devices |
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Alcohol or tobacco products |
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Goods made from protected animals/plants |
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Restricted or regulated plants and insects |
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Pesticides or hazardous substances |
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Illegal, stolen or counterfeit goods or knock-offs of brand name products |
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Blood, bodily fluids and body parts |
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False identification cards and police items |
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Hacking and illegal surveillance equipment and descrambling equipment |
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Burglary tools |
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Counterfeit stamps, currency and coins |
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Material that infringes the rights of a third party, including copyrights, trademarks, patents, rights of publicity and rights or privacy (including warez and bootleg copies) |
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Airline tickets that restrict transfer |
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Lottery or raffle tickets, sweepstakes or content entries or gambling related items or devices |
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Used or rebuilt batteries |
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Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information |
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Hazardous goods |
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Stocks, bonds, securities |
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Sexual services or sexually explicit materials |
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Event tickets if sale, pricing or manner of sale violates state and local regulations |
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Any item that violates US export laws to sell to the intended seller, including items subject to US embargoes |
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Items that are associated with hate groups such as Nazis or Ku Klux Klan |
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Items subject to a recall or for which resale is prohibited |
General Rules and Guidelines
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The parties to a YippeeO 4Sale transaction are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfillment of the goods or services purchased, and for the results of the transaction and for all applicable taxes. YippeeO is not responsible for any failure to pay any amounts due, or to deliver any merchandise or services as promised or for any other aspect of the transaction. |
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You should be aware that Listings are intended to be public, and regardless of any privacy settings you select, Listings that you post on YippeeO and questions or comments you post in connection with the Services may in some cases become publicly available on the YippeeO Site. For example, (i) questions that you send regarding a Listing, may be posted by the person who initiated the Listing in connection with such Listing, (ii) your Listings may be visible to all YippeeO users (unless you specify that your Listing be viewable only by those in particular networks, or unless you block a specific YippeeO user), and (iii) users who can view your Listing are able to send you messages through your Listing, even if your message setting is set to receive messages only from your YippeeO friends or an otherwise restricted set of users. Therefore, you should also avoid posting phone numbers, email addresses or other personal information in your Listings and in any questions or comments you may post in connection with any Listings. |
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Parties to a transaction should exercise caution in providing contact information or personal information to the other party and in making personal contact with the other party. YippeeO is not responsible for the actions of any of its users, and this Service is provided AS IS AND AT YOUR OWN RISK. |
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Both parties to a transaction are responsible for determining if the transaction is illegal or otherwise does not fully comply with applicable law. |
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You are responsible for all listings posted and all other activities conducted using your password, and you should protect your password and not disclose it to any other person. |
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The Service may not be used to solicit or obtain user passwords. |
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You must own or otherwise have the right to use all photographs used in any Listings, and such photographs must accurately represent the item involved in your transaction. |
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You may not use YippeeO 4Sale to send spam or other unsolicited commercial emails of any kind or send spam to any user you locate through the Service. |
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You may not use the YippeeO Site or the Service to solicit YippeeO 4Sale users to post ads on other sites |
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You may not use information that a specific user navigated from the YippeeO Site to your web site or any personally-identifiable information regarding any user of the YippeeO Site to target communications specifically to users of the YippeeO Site without YippeeO's prior written consent. |
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YippeeO reserves the rights to immediately and without notice terminate any Listings or your use of YippeeO or the YippeeO 4Sale, for any reason, or no reason, at its sole discretion, including without limitation if you violate these Guidelines or the Terms of Use. |
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If you believe a Listing violates these Guidelines or the Terms of Use, you may report the violation to YippeeO by using the "Report" button adjacent to the Listing, and YippeeO will determine in its sole discretion how to address such Listing. Please see our Copyright Policy to see how to report listings that you believe infringe a copyright you own or control. It is a violation of these Guidelines to intentionally misreport a Listing as violating these Guidelines or the Terms of Use. |
These Guidelines may be modified or replaced by YippeeO at any time without notice in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of YippeeO 4Sale following the posting of such changes or modifications will constitute your acceptance thereof. Therefore, you should review these Guidelines from time-to-time and before posting any Listings or otherwise using the Service. If you do not agree to the amended terms, you must stop using the Service. |
Privacy Policy
Copyright Policy
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You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. YippeeO respects the intellectual property rights of others and will terminate any user's access to the Yippeeo.com website according to these terms of use if YippeeO is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
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(i) statement that you have identified material on the Yippeeo.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Yippeeo.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: YippeeO Copyright Infringement Notification]
Fax: (703) 738 - 7624
Email: copyright@YippeeO.com
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to YippeeO. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to YippeeO in bad faith.
- If you believe that any material that you have uploaded on to the Yippeeo.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice ') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which YippeeO has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided YippeeO with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: YippeeO Copyright Infringement Counter-Notification]
Fax: (703) 738-7624
Email: customerservice@YippeeO.com
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to YippeeO. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to YippeeO in bad faith.
Internet Access
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YippeeO shall not be responsible for any connection or access to the Yippeeo.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Yippeeo.com website via the Internet, and the Internet access charges thereon.
Termination of the YippeeO Service
These Terms of Service will apply to your use of the YippeeO Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the YippeeO Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
YippeeO may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the YippeeO Service, or any part thereof, with or without notice. You agree that any termination of access to the YippeeO Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that YippeeO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the YippeeO Service. Where possible, YippeeO will use reasonable efforts to give Members fair notice of termination or suspension of their access to the YippeeO Service. Further you agree that YippeeO shall not be liable to you or any third party for any termination or suspension of access to the YippeeO Service or modification of the YippeeO Service.
Disclaimer of Warranties
YippeeO, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('YippeeO') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the YippeeO Service.
YippeeO further expressly disclaims (1) that the YippeeO Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the YippeeO Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the YippeeO Service or the content made available as part of the YippeeO Service will be correct, accurate, timely, or otherwise reliable.
YippeeO expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the YippeeO Service input by other Members is correct or accurate.
THE YIPPEEO SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE YIPPEEO SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. YIPPEEO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE YIPPEEO SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
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You agree to hold harmless and indemnify, and at YippeeO's request defend, YippeeO, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Yippeeo.com service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, YippeeO will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE YIPPEEO SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL YIPPEEO, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE YIPPEEO SERVICE, WHETHER OR NOT YIPPEEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE YIPPEEO SERVICE, FROM INABILITY TO USE THE YIPPEEO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE YIPPEEO SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE YIPPEEO SERVICE OR ANY PART OF THE YIPPEEO SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YIPPEEO SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL YIPPEEO BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).
Arbitration
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
Notices
YippeeO may provide you with notices regarding the Yippeeo.com Service or these Terms of YippeeO Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the YippeeO Services.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Fairfax, Virginia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall YippeeO be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and YippeeO with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
