Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP

  1. Terms of Use

Binding Agreement

These Terms of Use (as defined below) are a legally binding agreement between Yapp and you.

The term "Yapp", "us",” "we" or "our", refers to KNDY’S Ltd. [internal note: the use of "LTD." can be made only after the registration of the company. As already stated, please note that there already exists an application under the name of "Yapp". There is also a company registered in Israel under that name – "Yapp Furniture Ltd."], the owner of the App (as defined below). The term " you" refers to the User (as defined below), whether by way of, viewing, selling or buying.

These Terms of Use govern your access to and use of the App, the functions contained therein, and the Services (as defined below) performed or provided by, the App, and any information, text, graphics, or other materials appearing on the Services.

These Terms of Use are void where prohibited by law, and the right to use the App is revoked in such jurisdictions.

In the event (i) of any inconsistency or contradiction between this Terms of Use and the terms of use and/or the usage rules of the application store from which the App was downloaded, or in the event that (ii) these Terms of Use are found to be less restrictive than the terms of use and/or usage rules (as the case may be) of such application store, or that (iii) these Terms of Use will not be enforceable in their entirety for any reason (but without derogating from "Severability" in Section 23 below), then the terms and/or usage rules (as the case may be) of the applicable application store, shall prevail.

Accepting the Terms of Use

These Terms of Use are effective as of the date you access or otherwise use the App and/or the Services, and such access or use of the App indicates your acceptance of all of the terms and conditions of these Terms of Use.

For the avoidance doubt, access to the App through Facebook shall indicate your acceptance of all of the terms and conditions of these Terms of Use.

You may not use the App and/or the Services and may not accept these Terms of Use if (a) you are not of legal age to form a binding contract with Yapp, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the App and/or the Services under the laws of the country in which you are resident or from which you access or use the App and/or the Services.

License to Use

This license, granted to you by Yapp for the App and the Services, is limited to a personal, non-exclusive, revocable, non-transferable, non-sublicensable and worldwide license to use the App and the Services solely for your personal, non-commercial, receipt and use of the Services as provided by Yapp, in the manner permitted by these Terms of Use, (i) on any mobile phone or other mobile device operated by Android™, as set forth in the Google Play Terms of Services, or (ii) on any iPhone or any other Apple supported device as permitted by the Usage Rules of Apple Inc. ("Apple") as set forth in the App Store Terms of Service (the Google Play Terms of Services and the App Store Terms of Service are each referred to herein as the "Usage Rules").

 

You may not use the App and/or the Services and may not accept these Terms of Use if you are using a mobile phone or other mobile device operated by Android™, if or if you are using an iPhone or any other Apple supported device, where the restrictions on installing other apps not approved by Google or by Apple (as the case may be) have been bypassed (known as 'Jailbreaking' or 'Rooting').

The App and Services are designated to private persons only. The use of the App and Services by businesses through the App is prohibited.

Yapp prohibits the direct or indirect use of automated software in order to post Content on the App.

Upgrades

These Terms of Use will govern any upgrades provided by Yapp that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

From time to time, an upgrade to the latest version of the App may be required in order to make use of the Services or to take advantage of new features of the Services.

Definitions

For the purposes hereof:

  • "App" means Yapp's proprietary application known as "Yapp", which serves as a marketplace for buying and selling Goods (as defined below), as available for downloading at Google Play.
  • "App Description" has the meaning specified in Section 2 below.
  • "Buyer" means any person that is registered to the App, and chooses to buy Goods from a Seller.
  • "Content" means any data on the App, whether created and/or posted by Yapp or by you, while offering Goods for sale on the App, using the Chat or otherwise, including, but not limited to, texts (including, but not limited to, App Descriptions corrected or otherwise modified by you and User Descriptions), photographs, graphics, or any other form which contains information.
  • "Chat" means a private chat between a Buyer and Seller, initiated by a specific Buyer which is interested in interacting with a specific Seller for the sole purpose of purchasing his/her Goods, and carried out via the App.
  • "Goods" means goods offered for sale by a Seller via the App.
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  • "Price" means the price determined by the Seller and/or negotiated by a Buyer and a Seller for the respective Goods (exclusive of the amount due to Yapp for the Services, if due).
  • "Seller" means any person that is registered to the App, and chooses to offer his/her Goods for sale.
  • "Services" means the App and all the services provided thereby, including (but not limited to) making offers to buy Goods (for the intent of buying) and offering Goods for sale (for the intent of selling), chatting via the Chat for such purpose, the External Sites (as defined below), or any other features of or transactions supported by the App.
  • "Terms of Use" means these Terms of Use and Yapp's Privacy Policy.
  • "User" means Seller, Buyer or any person else viewing the App or using the Services.
  • "User Description" has the meaning specified in Section 2 below.
  1. The App

How does the App work?

The App is intended to allow you to make offers to buy (for the intent of buying) Goods from a particular Seller and to offer Goods for sale (for the intent of selling), and interact while using the Chat for such purpose only.

Unless otherwise determined by Yapp, the Yapp User Account is created via your Facebook account, Phone, Google Account.

One you post a photograph of the goods you wish to sell, the App will automatically identify the goods and will create a description thereof ("App Description"). You may correct any inconsistencies or otherwise modify the App Description. In addition, you may replace the App Description by posting your own description of the Goods ("User Description").

The identification of the Goods is done by Yapp through the use of technology provided by third party suppliers. Yapp may from time to time replace such suppliers at its sole discretion and without notice.

2.1       Your Yapp User Account: Our Services require you to open a user account (" User Account"). In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.

You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Yapp immediately of any unauthorized use of your account or any other breach of security. Yapp will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Yapp or another party due to someone else using your account or password. You may not use anyone else's User Account without the permission of the User Account holder.

You acknowledge and agree that by accessing the App through Facebook you will at the same time be creating a Yapp account, that shall be subject to all the terms and conditions included in these Terms of Use.

Your User Account will include a section in which we will offer you products and/or services we believe you may be interested in, based on your use of the App.

2.2.      Push Notifications As an integral part of the App and Services, and subject to the ability of your mobile device, you will receive push notifications from Yapp once a User has sent you a message via the App. In accepting these Terms of Use, you are agreeing to receive push notifications from Yapp as above. If you do not wish to receive push notifications from the App, you may turn the option to receive notifications via the App off by changing such option within the App's settings, or alternatively, by turning off your mobile devices' push notifications Service.[internal note: will the App send push notifications in any other cases? Updates etc.?]

  • In addition, Yapp shall send you an email, anytime a message was sent to you by a User of the App, stating that you have received a message. In accepting these Terms of Use, you are agreeing to receive an email from Yapp once you will receive the first message through the App. If you do not wish to receive such emails you may unsubscribe to such Service, as part of the first email Yapp shall send you once you will receive your first message as above.

 

 

2.3       Sellers:

  • You post the photograph of the Goods you want to sell;
  • The photograph you post as above must not be: [internal note: please confirm]
    • Blurred photos and/or photos which do not show the Goods clearly;
    • Photos which were downloaded from the Internet (instead of photographed by you);
    • Infringing of trademarks, copyrights or any other IP rights of third parties;
    • Advertisements;
    • Photo or text containing a reference to another website, app or merchant; or
    • Photos of goods which are not intended for sale.

Please see also Section 6 below with respect to goods which are prohibited from being offered for sale thorough the App and/or Services.

  • You monitor the App Description and correct and/or otherwise modify it as required, or post your own User Description;
  • In addition, you will determine the Price in which you offer to sell the Goods.

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  • Once you have submitted your post of the Goods (including the Content therein), the post will automatically be published at Yapp's Facebook page and at Yapp's website: ______________. [internal note: please confirm]
  • If a Buyer is interested in purchasing your Goods, he/she may contact you through the Chat.
  • Yapp does not monitor or control the demand for Goods and does not warrant or guarantee that there will be a Buyer interested in buying your Goods (or any part thereof).
  • You are allowed to create only one (1) post for the same Goods.
  • In each given time, you are allowed to offer up to five (5) different Goods for sale through the App.
  • If your Goods are sold, please delete your offer to sell the Goods from the App.

 

2.4       Buyers:

  • If you are interested in purchasing specific Goods, you may click on the photograph of the applicable Goods and then press the "Chat" button on the App in order to initiate an online conversation with the applicable Seller via the Chat, for the sole purpose of purchasing and/or negotiating the price of his/her Goods

 

2.5       Chat: A Buyer may choose to chat with any Seller through the Chat.

You are solely responsible for the interaction you establish with other Users of the App and Services.

You acknowledge and agree that Yapp will not, under any circumstances, be held liable for your conduct and/or for the conduct of other Users.

You hereby agree (i) to use the Chat for the sole purpose of negotiating, purchasing, and/or selling the price of Goods, and (ii) to adhere to and comply with the provisions of Sections 7 and 8 below while using the Chat, App and/or Services.

Any other use of the Chat, including, but not limited to, reaching to a Seller via the Chat for purposes other than interesting in purchasing his/her Goods, shall be considered a violation of these Terms of Use and of Yapp's rights, for all intents and purposes. You may be subject to prosecution and damages for any such violation. 

2.6       Price and Payment: In consideration for the Goods, the Buyer shall pay the Seller the Price, in accordance with the form and means of payment as determined between the specific Seller and Buyer. Payment cannot be performed through the App as the App and Services does not support any means of payment, and thus shall be performed in a manner exterior to the App and Services.

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2.7       Tax: It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Yapp is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

 

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2.8       Dispute between Users: Any dispute and/or claim that may arise between Users shall be settled by and between such Users.

Yapp shall not be responsible or liable, either directly or indirectly, for any dispute and/or claim between Buyers and Sellers with respect to the Goods, the buying and selling thereof, or otherwise.

  1. The Services
  • You expressly acknowledge and agree that use of App and the Services, and any consequences thereof, are at your sole risk, responsibility and liability.
  • The Services that Yapp provides may change from time to time without prior notice.
  • In addition, Yapp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally, at Yapp's sole discretion at any time, and without liability to Yapp or notice.
  • If Yapp permanently stops providing the Services to you, then these Terms of Use shall be terminated (except for provisions which by their nature are intended to survive termination).
  • Yapp also retains the right to create limits on use to you or to Users generally, at Yapp's sole discretion at any time, and without liability to Yapp or notice.
  1. Opting-out

You may opt-out of the Services at any time, by hitting the "uninstall" button after accessing the App on "My apps".

  1. The Goods
  • The Seller's Goods and the availability thereof are the sole responsibility of the Seller.
  • Yapp does not monitor or control the Seller's Goods, does not assume responsibility for such Goods, and does not warrant the Goods sold as a result of using the App. By using the App and the Services, you acknowledge and agree that Yapp is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, quality or reliability, or any other aspect of the Seller's Goods. Any transaction which takes place is decided exclusively between a Buyer and Seller, and Yapp only provides the use of the App and Services for such purpose.
  • Yapp cannot guarantee the veracity of the photos and/or descriptions published by Sellers with respect to the Goods. 
  1. Restrictions on Goods:[internal note: please confirm]

Yapp prohibits the sale of any goods that are illegal and/or illegal for sale under any law, statue, regulation or ordinance which may be applicable locally and/or worldwide.

Without derogating from the generality of the above, the following types of goods are strictly prohibited from being offered for sale through the App and/or Services:

    • Goods which are perishable (e.g., food);
    • Defective or recalled goods;
    • Animal products, such as items created using any animal species designated by any applicable law as threatened or endangered.
    • Blood, bodily fluids, body parts and/or human remains;
    • Alcoholic beverages;
    • Tobacco products (including vapes and e-cigarettes);
    • Counterfeit currency, stamps or coins;
    • Counterfeit products;משתמש
    • Embargoed goods;
    • Stolen goods and/or property;
    • Antique items which are regulated by any applicable law;
    • Official uniforms, IDs and licenses;
    • Databases containing personal data;
    • Identity documents, personal financial records and personal information (in any form, including mailing lists).
    • Drugs and drug paraphernalia;
    • Prescription drugs, medicines, supplements and devices;
    • All types of illegal products and products which promote, encourage or facilitate illegal activity;
    • Hazardous materials and controlled chemical substances;
    • Obscene material and all types of pornography, and/or pictures or images that contain frontal nudity;
    • Stocks and other securities;
    • Lottery tickets, sweepstakes entries and slot machines;
    • Used cosmetics;
    • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons);
    • Items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation or items or content that promote organizations or people with such views;,
    • Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others.
    • Items that are subject to trade restrictions, as well as export or import restrictions or prohibitions.

The above list is not a closed list. Yapp may amend such list at any time and/or choose to remove any offer to sale Goods if any such offer is considered by Yapp as inappropriate or unfit for posting and/or sale through the App and Services, whether based on input from other Users and/or based on our own discretion. 

  1. The Content
  • You are solely responsible for all Content posted on the App, while offering Goods for sale on the App, using the Chat or otherwise. We do not monitor or control the Content posted on the App and we cannot and do not take responsibility for such Content.
  • By using the App and the Services, you assume the responsibility of monitoring the App Description, and, in addition, you acknowledge and agree that Yapp is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, appropriateness, decency, truthfulness, integrity, quality or reliability, or any other aspect of the Content.
  • Yapp does not warrant or endorse, does not assume and will not have any liability or responsibility to you or any other person for any Content.
  • You agree and acknowledge that you are entirely responsible for all Content that you post, send or otherwise make available on the App.
  • You agree and acknowledge that any use or reliance on any Content is at your own risk.
  • You understand and agree that in using the App, you may be exposed to Content that might be factually inaccurate, and/or may be deemed offensive, indecent, or otherwise objectionable to you, and which may or may not be identified as having explicit language, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any such Content.
  • You represent and warrant that you have (and will continue to have during your use of the App) all necessary licenses, rights, consents, and permissions which are required to post and otherwise use the Content in the manner contemplated by these Terms of Use.
  • The Content you post on the App and the sharing of such information are done at your own risk. Any Content posted by you to the App may be saved, copied, re-published or otherwise used by any person accessing the App, and we cannot control the use of the Content by any such person. We cannot and do not guarantee that Content posted by you will not be viewed or otherwise used by unauthorized persons.
  • You understand and acknowledge that, even after removal by you, copies of any Content posted on the App by you may be used or otherwise utilized if other persons who have access to the App have copied or stored such Content.
  • Yapp does not warrant against deletion of any Content, or the failure to post any Content on the App.
  • You retain your (or your licensors') rights to any Content you post on the App. You hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, fully paid up, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish and display such Content on the App, on Yapp's Facebook page and/or at Yapp's website: https://www.yapp.cloud.
  • In addition, you hereby grant to any viewers of the App, a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, fully paid up, royalty-free, worldwide license to access your Content through the App, and to use, reproduce, distribute, such Content to the extent permitted by the functionality of the App and under these Terms of Use.
  • You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to us and to other viewers of the App with respect to any Content was posted by you to the App.
  1. Restrictions on Content Use of the App and the Services

8.1       You may not do any of the following while accessing or using the App and the Services:

  • Use the App and the Services otherwise than in compliance with these Terms of Use and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
  • Facilitate or encourage any violations of these Terms of Use;
  • Except as otherwise provided in these Terms of Use, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the App or any of the Content, for any purpose.

You may, however, print a copy of individual screens appearing as part of the App solely for your personal, internal, non-commercial, or non-profit use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;

  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our App without our prior written permission;
  • Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the App;
  • Use the App to generate and/or distribute any Content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, vulgar, obscene, libelous, hateful, is otherwise unlawful, false, inaccurate, misleading, malicious, or discriminatory or which harms minors in any way;
  • Use the App to generate and/or distribute any Content which is not "child proof";
  • Use the App to generate and/or distribute any Content which is directed at minors under the age of 15;
  • Use the App to generate and/or distribute any Content which contains, advertises or promotes reference (directly or by way of implication) to content that contains sexual content (including, but not limited to, nudity, graphic sex acts, or sexually explicit material), pornography, dating, or any other mature content of any kind. If Yapp becomes aware of content with child pornography, we will report it to the appropriate authorities;
  • Advertises, promotes or includes reference (directly or by way of implication) to violence of any kind (including, but not limited to, depictions of gratuitous violence); to alcohol, drugs or tobacco; to gambling of any kind; and/or to weapons of any kind;
  • Use the App to generate and/or distribute any Content which infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct;
  • Use the App for posting third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal license or permission from the rightful owner of the material or if you are otherwise legally entitled to post and/or send the material in question;
  • Use the App to post any Content which you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and/or which it would be unlawful for us to use or possess in connection with the operation of the App;
  • Use the App for any unlawful purposes or for promotion of illegal activities (including, without limitation, provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by applicable law as a terrorist organization);
  • Use the App for sending other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
  • Use the App for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing the App; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the App;
  • Use the App for generating and/or sending any unauthorized commercial communications (such as spam) or any contest, giveaway or sweepstakes, or any other type of promotion;
  • Do anything that could disable, overburden, or impair the proper working of the App; and/or
  • Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 7.1 above.

8.2       You are solely responsible and liable for, and Yapp has no responsibility to you or to any third party for, any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Yapp may suffer) of any such breach.

8.3       WE RESERVE THE RIGHT AT ALL TIMES (BUT WILL NOT HAVE AN OBLIGATION) TO REMOVE OR REFUSE TO DISTRIBUTE ANY CONTENT ON THE APP AND/OR TO TERMINATE YOUR YAPP ACCOUNT, AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION.

8.4       Any use, or attempted use, of the App and the Content contrary to these Terms of Use is a violation of our rights. If you breach these Terms of Use, you may be subject to prosecution and damages.

  1. Privacy
  • Yapp may collect, store and use your personal and technical data in order to:
  • facilitate the provision of the Services to you,
  • maintain and improve Yapp's App and Services, and to
  • protect the rights of Yapp, of its Users and of other third parties.
  • By using the App and Services, you consent to the transfer of information collected by Yapp outside of the country where you reside in, and outside of the European Economic Area ("EEA"), to other countries for storage, processing and use by Yapp as part of the provision of the Services, and to the transmission of data on an international basis.
  • Should Buyer elect to pay for Goods by using a credit card, the details of the credit card are not kept by the App.
  • Personally identifying information submitted to us through the App or other information collected by us with regard to the use of the App is governed by Yapp' Privacy Policy (forming an integral part of these Terms of Use), which can be found at www.yapp.cloud.
  • We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
  • YAPP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YAPP HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DISCLOSURE, LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
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  1. External Sites

The App may enable access to certain third party web sites ("External Sites").

Use of External Sites may require Internet access and additional terms of service, which you accept.

You understand that by using any of the External Sites, you may encounter content that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to such offensive, indecent or objectionable material.

Nevertheless, if you decide to leave our App and access such third-party External Sites, you do so at your own risk, and you should be aware that these Terms of Use and our Privacy Policy no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our App.

By using the External Sites, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the External Sites, and that we shall not have any liability or responsibility to you or any other person with regard to any content in the External Sites, including (but not limited to) content that may be found to be offensive, indecent, or objectionable.

We do not warrant or endorse any advertising, products or other materials on or available from such External Sites and are not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Sites.

In addition, External Sites that may be accessed from the App are not available in all languages or in all countries.

We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.

Special caution relating to location data

Location data provided, whether by any External Sites or as integral part of the App, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither we, nor any of our licensors', guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any External Site or as integral part of the App.

 

 

 

  1. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YAPP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND/OR THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.

Yapp does not warrant against interference with your enjoyment of the App and/or Services, that the App and/or Services will meet your requirements, that the operation of the App and/or Services will be uninterrupted or error-free, that defects in the App and/or Services will be corrected, that the App and/or Services will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.

Any material accessed, downloaded or otherwise obtained through the use of the App and/or Services, are accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your Internet access or loss of data that results from the download of any such material.

Yapp makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the App and/or Services.

No advice or information, whether oral or written, obtained by you from us through the App or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

  1. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION; OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE APP THE SERVICES, THE GOODS, AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE GOODS, AND/OR IN ANY CONTENT INCLUDED IN THE APP WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP AND/OR ON THE CHAT, (IV) OR ANY OTHER MATTER RELATING TO THE APP, SERVICES AND/OR CHAT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF YAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND/OR (C) FOR ANY THIRD PARTY CLAIMS AGAINST YOU.

IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.

 

IN NO EVENT SHALL THE TOTAL LIABILITY OF YAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).

Any cause of action by you with respect to the App and/or Services, must be instituted within one (1) year after the cause of action arose.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.

  1. Indemnity

You shall indemnify and hold Yapp and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Yapp by any Users and/or any other third party, due to or arising out of any Content you post on the App, your use of the App, your violation of these Terms of Use, and/or your violation of any rights of another party.

  1. Ownership

You hereby acknowledge that the App as a whole constitutes an original work of authorship of Yapp, and that all rights, ownership, title and interest in and to the App (excluding Content and Advertisements), including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the Content (whether or not such Content is protected by copyright, or by any other intellectual property rights) within the App, and the related instructions, databases and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights - are and shall remain the sole and exclusive property of Yapp.

The App and the Services contain proprietary information and material and trade secrets that are owned by Yapp, and are protected by applicable intellectual property and other laws, including but not limited to copyright.

All copyrights in and to the App and App Descriptions posted by Yapp, are owned solely and exclusively by Yapp (and/or by its licensors), who reserve all their rights in law.

You may use the App only in accordance with and subject to these Terms of Use.

With the exception of Content posted on the App by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to the App or to any Content, other than as explicitly set forth in these Terms of Use.

Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms of Use.

THE USE OF THE APP OR ANY PART OF THE SERVICES, EXCEPT FOR USE OF THE APP AND SERVICES AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF YAPP AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

You agree that 'Yapp' trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the App and Services, are trademarks or registered trademarks of Yapp (collectively, the " Yapp Marks"). Nothing in these Terms of Use gives you a right to use or display the Yapp Marks in any manner.

Yapp reserves all rights not expressly granted to you under these Terms of Use.

  1. Acknowledgments

15.1     Facebook™ and any logos, artwork and trademarks associated therewith is/are the property of Facebook Inc. and any logos, artwork and trademarks associated therewith is/are the property of Google Play™, Android™ and any logos, artwork and trademarks associated therewith is/are the property of Google Inc. (" Google"). Apple™, App Store™, iPhone™ and any logos, artwork and trademarks associated therewith is/are the property of Apple Inc.

15.2     User expressly acknowledges and agrees that Google, and each member of the group of companies of which Google is the parent, shall be third party beneficiaries to these Terms of Use. Google and such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use that confers a benefit on (or rights in favor of) them.

15.3     You expressly acknowledge and agree that: (i) these Terms of Use are made between you and Yapp, and not with Apple; (ii) Yapp, and not Apple, is solely responsible for the App and the Services; (iii) Yapp alone shall be responsible for providing any maintenance and support services with respect to the App, if any and as specified in these Terms of Use, or as required under applicable law, and Apple will not have any obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services; (iv) Yapp shall be solely responsible for any warranties with respect to the App and the Services, whether express or implied by law, to the extent not effectively disclaimed; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; (vi) to the maximum extent allowed by applicable law, except as described in clause (v) above, Apple will not have any other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Yapp's sole responsibility; (vii) Yapp, not Apple, is responsible for addressing any claim by you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (viii) in the event of any third-party claim that the App or your possession and use of the App infringes such third-party's intellectual property rights, Yapp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, (xi) you have had the opportunity to review Apple's Usage Rules; (xii) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon the your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against the you as a third party beneficiary thereof.

  1. Copyright Policy

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 post has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) 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; (iii) your contact information, including your address, telephone number, and an email address; (iv) your 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 (v) 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, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.

If you believe that any Content infringes upon your intellectual property rights, you should notify us as set out in Section 22 below.

  1. Termination

These Terms of Use shall be effective until terminated by you or by Yapp.

Without derogating from Yapp's right to terminate these Terms of Use as set out in Sections 3 and 7.3 above, Yapp, at its sole discretion, without notice to you, may terminate these Terms of Use if you fail to comply with any of the provisions of these Terms of Use, without prejudice to the right of Yapp to be indemnified for its damages and any other right and remedy.

In all such cases, these Terms of Use shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 1, 2.5, 2.6, 2.7, 2.8, 2.9, 6, 7, 8, 11 through and including 23, shall survive such termination for any reason and shall continue to apply.

Upon termination of these Terms of Use, you shall cease all use of the App and the Services.

  1. Unsolicited Idea Submission Policy

You agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to Yapp (collectively, a "Submission"), is entirely voluntary, and that Yapp will be free to use any such feedback, comments or suggestions as Yapp will see fit, without any obligation or compensation to you or any other person sending the Submission. Yapp will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to Yapp all rights therein. Yapp will טare responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

  1. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. Export Regulations

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By using the App, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

 

 

  1. Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. Your use of the Services may also be subject to other local, state, national, or international laws.

Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Use, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that Yapp shall be allowed to apply for injunctive remedies in any jurisdiction.

  1. Address and Notices

Yapp's corporate offices are located at Rotschild BLV Tel Aviv Israel

Any questions, complaints, claims or other communication to Yapp concerning the Services should be directed to: cs@yapp.cloud.

We may send you notices with respect to the App by email, regular mail, or postings on the App, or by any other means reasonably designed to give you such notice.

All communications between Yapp and you shall be in the English language only.

  1. Miscellaneous

Headings and Interpretation. The headings of the Sections in these Terms of Use are for reference only and shall not be considered in the interpretation hereof. In these Terms of Use, unless the context otherwise requires or expressly stated otherwise: singular terms include the plural and vice versa; the use of any gender shall be applicable to both genders; the words "include" and "including" will not be construed as terms of limitation; the words "day", "month" and "year" mean respectively, calendar day, calendar month and calendar year. References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.

Any translation of these Terms of Use is provided solely for your convenience and is not intended to modify these Terms of Use. In the event of a conflict between the English version of these Terms of Use and a version in a language other than English, the English version shall apply.

Entire Agreement. These Terms of Use, together with Yapp's Privacy Policy, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Use.

Amendments. Yapp reserves the right, at any time and from time to time, without liability to Yapp or notice to you, to change any of the provisions of these Terms of Use. Any such changes will be effective immediately and incorporated into these Terms of Use by this reference. Your continued use of the Services will be deemed to constitute your acceptance of any and all such changes.

Severability. In the event that any provision of these Terms of Use is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Use remain in full force and effect.

Waiver. No waiver on the part of Yapp of any right under these Terms of Use shall be effective unless in writing and signed by Yapp's duly authorized representative. No waiver on the part of Yapp of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Use.

No Partnership. Nothing contained in these Terms of Use shall be construed as creating a partnership, joint venture, agency or other similar relationship between Yapp and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Yapp.

Assignment. You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under these Terms of Use without prior written approval by Yapp, and any purported assignment or transfer without Yapp's consent shall be null and void. Yapp may assign and/or subcontract some or all of these Terms of Use to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms of Use shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

No Third Party Beneficiaries. These Terms of Use does not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties, except as set forth in Section 15.2 above.

 

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Last updated: June 6, 2017