TERMS OF USE FOR YAPPR.COM

Thank you for using yappr.com ("yappr"). These are the terms of use ("Terms"), which apply to your use of the yappr.com website ("Site") and the services available to you on the Site ("Services"). For information on how information is gathered and used at the Site please go to our privacy policy found at http://en.yappr.com/help/PrivacyPolicy.action. The Privacy Policy is incorporated into these Terms by reference. Each time you use the Site and Service, you signify that you agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must discontinue using the Site and terminate your registration with us. The Site is owned by Real Time English, LLC d/b/a yappr.com. All references to yappr or yappr.com will be deemed to include Real Time English, LLC.

Registration: You do not have to register to use the Site but only registered users can access some of the most popular features and services that yappr currently offers, such as social networking features like making friends, commenting on videos, sending and posting messages, or other services that we may offer in the future. Registration is free. You must be at least 14 years old to register and to use the Services. The Site and Services are not intended for children under the age of 14.

When you register with yappr, you will be asked to provide us with personally identifiable information that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a registered user each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that yappr, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or yappr has reasonable grounds to suspect that you have, we have the right to suspend or terminate your registration status and deny you future use of the Site and the Services (or any portion thereof).

Use of the Site: This Site and the Services offered are intended for your personal, noncommercial use in accordance with these terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, for any commercial purposes, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by yappr. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

Personal Profile: By creating a profile and accessing content on the Site or linked from the Site or communicating with other users, that information and your activity on the Site is visible to everyone who visits the Site, registered users and visitors alike, unless you choose to make it invisible. By using the invisible mode you will be able to send yappr messages to other users, but they will only be able to view your user name and country flag. They will not be able to view other information in your profile. However, while in invisible mode you cannot invite other users to join your circle of friends, and they cannot invite you to join theirs. You may chat while in invisible mode, and view and post comments and only your username and country flag will be visible to others. You can enable or disable the invisible mode at any time. However, enabling invisible mode will not affect information that had been previously posted. Any previously posted information may still be visible to other users. Be aware that if you choose to make your profile visible to everyone, or actively comment or post content or participate in chat rooms and the like, then any personal information you provide will be accessible to all registered users as well as any visitors to the Site. You should also be aware that any information that is made public on the Site will be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site. In addition, some information that you add to your profile cannot be hidden and is always visible to anyone who visits that Site. That includes your screen name, any content that you post and your country flag. yappr makes every effort to ensure that your profile and posts are displayed based on your privacy preference. However, mistakes can happen. If you believe that your profile or activities are being displayed in a manner that you did not authorize, you can notify us of the error by using the "Contact Us" button on any page of the Site and we will correct the problem promptly. However, you agree that your sole remedy against us if we were to make such a mistake is to require us to change the privacy settings to those that you originally requested.

User Submissions: Most of the content on yappr is submitted by our registered users. We encourage you to take advantage of the many opportunities to interact with yappr registered users by posting and reading content and participating in online discussions. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.

Content Requirements: All content that you post to yappr, including videos and other content that you upload, must comply with these Terms. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that is:

  • threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
  • any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
  • any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
  • any materials that constitute spam Sending the same message multiple times or to multiple people will be treated as spam;
  • a solicitation or advertisement for any commercial product or activity;
  • behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.

You agree not to upload, store, process, post, transmit, distribute or otherwise publish through the Site any materials which:

  • restrict or inhibit any other user from using the Site or contains a virus or other harmful component;
  • violate any local, state, Federal or International laws or give rise to civil liability;
  • violate or infringe any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right);
  • impose an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;

You agree not use the Site for any unlawful purpose or activity including without limitation:

  • chain letters, junk mail, spamming or similar activities.
  • "spoofing" (using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site);
  • using or possessing programs to "crack" passwords or other Internet security tools.

We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms. By submitting content to the Site, you grant to yappr, and its successors in business, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold yappr, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to or use of the Site, or your violation of either these Terms, applicable law, or the rights of any third party.

We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of yappr, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.

If you believe that any postings on the Site violate these Terms, please let us know by clicking on the "Contact Us" link at the bottom of any page on the Site, and then selecting the "Report Inappropriate Content" link. We try to review all reported violations and, if we agree with you, we'll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.

yappr Intellectual Property: The Site and with the exception of material posted by registered users, all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by yappr or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. yappr owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including yappr and its partners. Users are prohibited from using any Marks without the written permission of yappr or such third party that may own the Marks.

All content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without yappr's prior written consent. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of yappr. You understand that you have no rights to the Services or any other yappr property except as provided in these Terms.

Emails from Us: By registering for yappr, you will receive online communications from yappr. To unsubscribe from any yappr email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from our emailing list.

Third Party Sites: The Site, or registered users, may provide links to other sites or resources. Because yappr has no control over such sites and resources, you acknowledge and agree that yappr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that yappr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties: YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT YAPPR MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT YAPPR DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YAPPR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

YAPPR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.

OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL YAPPR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.

Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAPPR OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF YAPPR HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. YAPPR'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then YAPPR'S aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars ($50).

Termination: We can suspend or terminate you as a registered user and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at yappr's sole discretion, you fail to comply with any of the Terms. You understand and agree that your access to the Site and Services is subject to and conditioned upon your continued adherence to these Terms and any future modifications thereto.

Digital Millennium Copyright Act ("DMCA") Notice:

yappr has registered an agent with the United States Copyright Office in accordance with the terms of the United States Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any Content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights; however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. yappr will terminate a registered user and a registered user’s access to the Site or the Service if, under appropriate circumstances, the registered user is determined to be a repeat infringer.

A. If you are a copyright owner (or an agent of a copyright owner) and believe that any materials on the Site or the Service infringe upon your copyright, you may submit a notification pursuant to the Act by providing our designated copyright agent with at least the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. 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
  6. 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.

All DMCA notices should be sent to our designated copyright agent as follows:

Real Time English, LLC
ATTN: Legal Dept—Copyright Notice
2 High Ridge Park, 1st Floor
Stamford, CT 06905
copyright-notice@yappr.com
Fax: (203) 461-7019
Phone: (203) 461-7033

B. If you believe that material you submitted on the Site or the Service 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 submission, you may provide our designated copyright agent with a written counter-notice that at a minimum contains:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States of America, for any judicial district in which yappr may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

All DMCA counter-notices should be sent to our designated copyright agent as follows:

Real Time English, LLC
ATTN: Legal Dept—Copyright Notice
2 High Ridge Park, 1st Floor
Stamford, CT 06905
copyright-notice@yappr.com
Fax: (203) 461-7019
Phone: (203) 461-7033

General: These Terms are the entire agreement between you and yappr. They supersede any and all prior or contemporaneous agreements between you and yappr relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of yappr to partially or fully exercise any rights or the waiver of yappr of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by yappr or be deemed a waiver by yappr of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of yappr under these Terms and any other applicable agreement between you and yappr shall be cumulative, and the exercise of any such right or remedy shall not limit yappr's right to exercise any other right or remedy. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by yappr for any violation of yappr's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.

Modification of Terms: We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.

© 2008, Real Time English, LLC.

Effective Date: August 8, 2008