Terms of Service

Yawp, inc. (“Yawp”, “we”, “our” or “us”), welcomes you to its application for mobile devices (collectively, including all software, technology and content available through the Yawp iPhone application, the “Yawp Service”, or the “Service”). This End User License Agreement and Terms of Service (hereafter “EULA”) is a legal and binding agreement between Yawp and you (“you” or “You”), a user of the Service (“User”). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE EULA, AND YAWP’S PRIVACY POLICY, WHICH CAN BE FOUND HERE [https://www.yawpnow.com/privacy-policy] AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the Service. By installing, copying, downloading or using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE PRODUCT. By installing, copying, downloading or using this Service, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Service.

1. Yawp Service

These EULA apply to all Users of the Yawp Service. The Yawp Service may contain links to third party websites that are not owned or controlled by Yawp. Yawp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Yawp will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Yawp shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

2. Access to Yawp

A. Subject to your compliance with this EULA Yawp hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these EULA; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Yawp’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of this EULA.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Yawp with the names, phone numbers, Twitter handles and other information of third parties whom you wish to use the Service with. You hereby give your express consent to Yawp to use the names, phone numbers, Twitter handles and other information you provide for use in providing you access and use of the Service. Although Yawp will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Yawp or others due to such unauthorized use.

C. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Submissions (as defined below).

3. Intellectual Property Rights

The design of the Yawp Service along with Yawp created text, scripts, graphics, interactive features and the like (“Yawp Client”) except all User Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Yawp, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you “AS IS” for your information and personal use only. Yawp reserves all rights not expressly granted in and to the Service and the Client. You agree to not engage in the use, copying, or distribution of any of the Client other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.

4. User Submissions

A. The Yawp Service permits Users to remove or “yawp” third parties from their phone and address books, Twitter accounts and other social networks; submit text and other communications (“User Submissions”) to such third parties and the hosting, sharing, and/or publishing of such User Submissions. As clarified in the following section, you retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, Yawp does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because Yawp is only acting as a repository of data and information, User Submissions do not necessarily represent the views or opinions of Yawp, and Yawp makes no guarantees as to the validity or accuracy of any information. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Yawp to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this EULA; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this EULA. To be clear: you retain all of your ownership rights in your User Submissions, but you must have the rights in the first place. However, by submitting User Submissions to Yawp, you hereby grant Yawp a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Yawp Service and Yawp's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Yawp Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your account on the Yawp Service a non-exclusive license to access your User Submissions through the Service, Email, and mobile phone and to display parts of User Submissions as permitted through the functionality of the Service and under this EULA. The foregoing license granted by you terminates once you remove or delete a User Submission from the Yawp Service.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Yawp all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Yawp or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Yawp does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Yawp expressly disclaims any and all liability in connection with User Submissions. Yawp does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Yawp will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Yawp reserves the right to remove Content and User Submissions without prior notice. Yawp may also terminate a user’s access to its Service, if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Yawp Service more than twice. Yawp also reserves the right to decide whether content or a User Submission is appropriate and complies with this EULA for violations other than copyright infringement and violations of intellectual property law. Yawp may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this EULA at any time, without prior notice and at its sole discretion.

E. You understand that when using the Yawp Service you will be exposed to User Submissions from a variety of sources, and that Yawp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, and that such User Submissions are not the responsibility of Yawp. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Yawp with respect thereto, and agree to indemnify and hold Yawp, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Yawp permits you to link to materials on the Service for personal purposes only. Yawp reserves the right to discontinue any aspect of the Yawp Service at any time.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE YAWP SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YAWP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. YAWP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YAWP SERVICE. YAWP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YAWP SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND YAWP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

6. Objectionable Content Policy

Content or User which is Objectionable will be blocked by Yawp and/or it moderators. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Yawp and/or its moderators shall act to remove Objectionable Content within 24 hours of its report to Yawp by removing the Objectionable Content and ejecting the User who provided the offending content. The decision to remove Objectionable Content shall be made at Yawp’s sole discretion.

7. Limitation of Liability

IN NO EVENT SHALL YAWP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YAWP CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS EULA OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT YAWP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Yawp from its facilities in the United States of America. Yawp makes no representations that the Yawp Service is appropriate or available for use in other locations. Those who access or use the Yawp Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Yawp, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Yawp Service; (ii) your violation of any term of this EULA; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these EULA and your use of the Yawp Service.

9. Ability to Accept EULA

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with this EULA. In any case, you affirm that you are at least 13 years old as the Yawp Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the Yawp Service. Yawp is the developer of the Service, with an address at 10965 Bluffside Drive, Suite 265, Studio City, CA 91604, info@yawpnow.com.

10. Copyright or Intellectual Property Infringement Notification.

Yawp respects the intellectual property rights of others. You can notify Yawp of possible copyright infringement, and Yawp will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following: (i) a physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Yawp to locate the material; (iv) your contact information, including your address, telephone number, and email; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act. Claims can be sent to copyright@yawpnow.com or to Yawp, inc. 10965 Bluffside Drive, Suite 265, Studio City, CA 91604.

11. General

You agree that: (i) the Yawp Service shall be deemed solely based in California; (ii) the Yawp Service shall be deemed a passive server that does not give rise to personal jurisdiction over Yawp, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. This EULA shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Yawp that arises in whole or in part from the Yawp Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. This EULA, together with the Privacy Policy [https://www.yawpnow.com/privacy-policy] and any other legal notices published by Yawp, shall constitute the entire agreement between you and Yawp concerning the Yawp Service. If any provision of these EULA is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect. No waiver of any term of this this EULA shall be deemed a further or continuing waiver of such term or any other term, and Yawp’s failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision. Yawp reserves the right to amend or modify this EULA at any time, and it is your responsibility to review this EULA for any changes. Your use of the Yawp Service following any amendment of this EULA will signify your assent to and acceptance of its revised terms. YOU AND YAWP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YAWP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yawp without restriction.

This EULA was last modified on November 1 2022