Terms
of Service
Yoppy
Chat provides an online social networking service. This Agreement includes
Yoppy Chat’s policy for acceptable use of the Yoppy Chat Services and Content
posted on the Yoppy Chat Website, your rights, obligations and restrictions
regarding your use of the Yoppy Chat Services and Yoppy Chat’s Terms of
Service. In order to participate in certain Yoppy Chat Services, you may be
notified that you are required to download software or content and/or agree to
additional terms and conditions. Unless otherwise provided by the additional
terms and conditions applicable to the Yoppy Chat Services in which you choose
to participate, those additional terms are hereby incorporated into this
Agreement.
Yoppy
Chat may modify this Agreement from time to time and such modification shall be
effective upon posting by Yoppy Chat on the Yoppy Chat Website. You agree to be
bound to any changes to this Agreement when you use the Yoppy Chat Services
after any such modification is posted. It is therefore important that you review
this Agreement regularly to ensure you are updated as to any changes.
Yoppy
Chat Members (for instance, in their Profile) may not contain inaccurate,
inappropriate, offensive or sexually explicit information or any information
prohibited under Section 7 of this Agreement, and Yoppy Chat assumes no
responsibility or liability for.
Yoppy
Chat reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the Yoppy Chat Services
at any time, for any or no reason, with or without prior notice, and without
liability. Yoppy Chat expressly reserves the right to remove your profile
and/or restrict, suspend, or terminate your access to any part of Yoppy Chat
Services if Yoppy Chat determines, in its sole discretion, that you pose a
threat to Yoppy Chat and/or its Users. Yoppy Chat also reserves the right to
change, alter or remove part of or all your added personal information.
With
1.
Eligibility
To
create an account on Yoppy Chat, you must provide us with at least your name,
email address and/or mobile number, and a password and agree to our User
Agreement, which governs how we treat your information. You may provide additional
information during the registration flow (for example, your gender, age, job
title, company, hobbies and etc.) to help you build your profile and to provide
you more customized services on Yoppy Chat
In
order to enable a few features on Yoppy Chat, you may use our address book or
“contacts” importer (or other similar features) to upload your phone address
book into our Services. Any information that you upload or sync with our
Services is covered by the User Agreement. You can remove your address book and
any other synced information at any time.
By
using our services, you agree that we may collect, use and share your
Information in accordance with this Terms of Service, as revised from time to
time. By continuing to use our services after any changes to this Terms of
Service, with or without notice from us, you are agreeing to the revised Terms
of Service.
Use
of and Membership in the Yoppy Chat Services is void where prohibited. By using
the Yoppy Chat Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 17 years of age or older and reached
the age of adulthood under your national laws; and (d) your use of the Yoppy Chat
Services does not violate any applicable law or regulation. Your profile may be
deleted and your Membership may be terminated without warning, if we believe
that you are under 17 years of age or fails to reach the age of adulthood under
your national laws.
In
providing our services, we collect, store and use the following Information
relating to you:
information
you make available to us when you open an account or use our services, such as
your name, telephone number, email address and credit card details;
information
which you make available to our services as you use them, including Shared
Information you make available to others through our services and information
you store using our services;
Shared
Information that others using our services make available about you, such as
information contained in posts they make and communications they make to you
and others using our services; and
information
we collect as you use our services, such as certain Location Data, Log Data and
public information.
In
providing our services, we collect, store and use the “Location Data”.
“Location Data” is information that we collect regarding your location (when
you use a location-enabled service), including:
the
location of your device when you use our services, such as from the GPS, WiFi,
compass, accelerometer or other sensors in your device;
the
IP address of the device or internet service you use to access our services,
other
information made available by you or others that gives an indication as to
where you are or have been located, such as account information that indicates
where you are located and Shared Information you or others post indicating your
location, such as any geotag information that is embedded in any photos you
make available to us; and
if
you have provided us with your location data previously and would like us to
delete such existing location data, you may be able to do so via our services.
We
collect, store and use "Log Data", which is technical information
that is automatically collected by us when you use our services, whether
through the use of cookies (as explained in more detail in the Cookies Policy )
or otherwise, including:
technical
information such as your mobile carrier, configuration information made
available by your web browser or other programs you use to access our services,
your IP address and your device’s version and identification number,
information
about what you have searched for and looked at while using our services, such
as web search terms used, social media profiles visited and details of other
information and content accessed or requested by you in using our services;
information
about what apps and other software you have used and how you have used them;
information
about communications you have made using our services, such as the people
you’ve communicated with and the time, data and duration of your
communications; and
metadata,
which means information related to items you have made available through our
services, such as the date, time or location that a shared photograph or video
was taken or posted.
This
Agreement shall remain in full force and effect while you use the Yoppy Chat
Services or are a Member. You may terminate your Membership at any time, for
any reason, by following the instructions on the Member’s Account Settings
page. Yoppy Chat may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
2.
Privacy of Personal Information
Other
than as permitted under this Terms of Service or as otherwise consented to by
you, we will not transfer your Personal Information to any other third parties
for their processing for any purposes.
We
and our affiliate companies may share your Personal Information within our
group of companies and with joint venture partners and third party service
providers, contractors and agents (such as communication service providers who
send emails or push notifications on our behalf, mapping services providers who
assists us and you with location data, analytics partners who assist our
business, and advertising partners on our serices). In addition, we may allow
such third parties to collect your Personal Information across our services. In
each case, we permit such sharing and/or collection for the purposes of: (i)
providing our services to you; (ii) assisting us in carrying out the purposes
set out under the “How We Use Your Information” section above; (iii) carrying
out our obligations and enforcing our rights under the Terms of Service; and/or
(iv) our business, including helping us better understand and improve our
services. These third parties may be located, and use and store your Personal
Information, outside of your jurisdiction for these purposes.
Where
we permit any third parties to collect and use your Personal Information in
accordance with the above paragraph, we will use reasonable efforts to ensure
that such third parties only use your Personal Information: (i) in compliance
with this Terms of Service; and (ii) subject to any other instructions we give
them, including any appropriate confidentiality and security measures that we
implement.
You
agree that we or our affiliate companies may be required to retain, preserve or
disclose your Personal Information: (i) in order to comply with applicable laws
or regulations; (ii) in order to comply with a court order, subpoena or other
legal process; (iii) in response to a request by a government authority, law
enforcement agency or similar body (whether situated in your jurisdiction or
elsewhere); or (iv) where we believe it is reasonably necessary to comply with
applicable laws or regulations. You also agree that we or our affiliate
companies may need to disclose your Personal Information in order to enforce
the Terms of Service or this Terms of Service, protect our rights, property or
safety, or the rights, property or safety of our affiliate companies or other
users of our services.
3.
Password
When
you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party. You agree to
notify Yoppy Chat immediately if you suspect any unauthorized use of your
account or access to your password. You are solely responsible for any and all
use of your account.
4.
Non-commercial Use by Members
The
Yoppy Chat Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by Yoppy Chat. Illegal and/or unauthorized
use of the Yoppy Chat Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Yoppy Chat
Website is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Member profiles without notice and
may result in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the Yoppy Chat Services.
5.
Proprietary Rights in Content on Yoppy Chat.
By
displaying or publishing (“posting”) any Content on or through the Yoppy Chat
Services, you hereby grant to Yoppy Chat a limited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content
solely on and through the Yoppy Chat Services.
You
represent and warrant that: (i) you own the Content posted by you on or through
the Yoppy Chat Services or otherwise have the right to grant the license set
forth in this section, and (ii) the posting of your Content on or through the
Yoppy Chat Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through the Yoppy Chat Services.
The
Yoppy Chat Services contain Content of Yoppy Chat (“Yoppy Chat Content”). Yoppy
Chat Content is protected by copyright, trademark, patent, trade secret and
other laws, and Yoppy Chat owns and retains all rights in the Yoppy Chat
Content and the Yoppy Chat Services. Yoppy Chat hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the Yoppy Chat Content
(excluding any software code) solely for your personal use in connection with
viewing the Yoppy Chat Website and using the Yoppy Chat Services.
The
Yoppy Chat Services contain Content of Users and other Yoppy Chat licensors.
Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Yoppy Chat Services.
6.
Content Posted.
Yoppy
Chat may delete any Content that in the sole judgment of Yoppy Chat violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. Yoppy Chat assumes no responsibility for
monitoring the Yoppy Chat Services for inappropriate Content or conduct. If at
any time Yoppy Chat chooses, in its sole discretion, to monitor the Yoppy Chat
Services, Yoppy Chat nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
You
are solely responsible for the Content that you post on or through any of the
Yoppy Chat Services, and any material or information that you transmit to other
Members and for your interactions with other Users. Yoppy Chat does not endorse
and has no control over the Content. Content is not necessarily reviewed by
Yoppy Chat prior to posting and does not necessarily reflect the opinions or
policies of Yoppy Chat. Yoppy Chat makes no warranties, express or implied, as
to the Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members.
7.
Content/Activity Prohibited
The
following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Yoppy Chat Services. Yoppy Chat reserves
the right to investigate and take appropriate legal action against anyone who,
in Yoppy Chat’s sole discretion, violates this provision, including without
limitation, removing the offending communication from the Yoppy Chat Services
and terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of Yoppy Chat:
is
patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
harasses
or advocates harassment of another person;
exploits
people in a sexual or violent manner;
contains
nudity, violence, or offensive subject matter or contains a link to an adult
website;
solicits
personal information from anyone under 18;
provides
any telephone numbers, street addresses, last names, URLs or email addresses;
promotes
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes
an illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
involves
the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing,
instant messaging, “spimming,” or “spamming”;
contains
restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
furthers
or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses;
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Users;
involves
commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
includes
a photograph of another person that you have posted without that person’s
consent; or
for
band and filmmaker profiles, uses sexually suggestive imagery or any other
unfair, misleading or deceptive Content intended to draw traffic to the
profile.
The
following is a partial list of the kind of activity that is illegal or
prohibited on the Yoppy Chat Website and through your use of the Yoppy Chat
Services. Yoppy Chat reserves the right to investigate and take appropriate
legal action against anyone who, in Yoppy Chat’s sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
criminal
or tortuous activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
advertising
to, or solicitation of, any Member to buy or sell any products or services
through the Yoppy Chat Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any
information obtained from the Yoppy Chat Services in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
Yoppy Chat reserves the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a number which Yoppy Chat
deems appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the Yoppy Chat Services, you acknowledge that you will have
caused substantial harm to Yoppy Chat, but that the amount of such harm would
be extremely difficult to ascertain. As a reasonable estimation of such harm,
you agree to pay Yoppy Chat $50 for each such unsolicited email or other
unsolicited communication you send through the Yoppy Chat Services;
covering
or obscuring the banner advertisements on your personal profile page, or any
Yoppy Chat page via HTML/CSS or any other means;
any
automated use of the system, such as using scripts to add friends or send
comments or messages;
interfering
with, disrupting, or creating an undue burden on the Yoppy Chat Services or the
networks or services connected to the Yoppy Chat Services;
attempting
to impersonate another Member or person;
for
band profiles, copying the code for your Yoppy Chat Player and embedding it
into other profiles or asking other Members to embed it into their profiles;
using
the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your
account;
selling
or otherwise transferring your profile;
using
any information obtained from the Yoppy Chat Services in order to harass,
abuse, or harm another person;
displaying
an advertisement on your profile, or accepting payment or anything of value
from a third person in exchange for your performing any commercial activity on
or through the Yoppy Chat Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose as one of
your “Top 8” friends, or sending private messages with a commercial purpose; or
using
the Yoppy Chat Services in a manner inconsistent with any and all applicable
laws and regulations.
8.
Copyright Policy
You
may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Yoppy Chat to terminate Membership privileges of
any Member who repeatedly infringes the copyright rights of others upon receipt
of proper notification to Yoppy Chat by the copyright owner or the copyright
owner’s legal agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Yoppy Chat Services in a way that
constitutes copyright infringement, please provide our us at support@Yoppy
Chatapp.cn with the following information: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim
has been infringed; (iii) a description of where the material that you claim is
infringing is located on the Yoppy Chat Services; (iv) your address, telephone
number, and email address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (vi) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
9.
Member Disputes
You
are solely responsible for your interactions with other Yoppy Chat Members.
Yoppy Chat reserves the right, but has no obligation, to monitor disputes
between you and other Members.
10.
Privacy
Use
of the Yoppy Chat Services is also governed by our Terms of Service, which is
incorporated into this Agreement by this reference.
11.
Disclaimers
Yoppy
Chat is not responsible for any incorrect or inaccurate Content posted on the
Yoppy Chat Website or in connection with the Yoppy Chat Services, whether
caused by Users of the Yoppy Chat Services or by any of the equipment or
programming associated with or utilized in the Yoppy Chat Services. Profiles
created and posted by Members on the Yoppy Chat Website may contain links to
other websites. Yoppy Chat is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by Yoppy Chat.
Inclusion of any linked website on the Yoppy Chat Services does not imply
approval or endorsement of the linked website by Yoppy Chat. When you access
these third-party sites, you do so at your own risk. Yoppy Chat takes no
responsibility for third party advertisements which are posted on this Yoppy
Chat Website or through the Yoppy Chat Services, nor does it take any
responsibility for the goods or services provided by its advertisers. Yoppy
Chat is not responsible for the conduct, whether online or offline, of any User
of the Yoppy Chat Services. Yoppy Chat assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication. Yoppy Chat is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion
on the Internet or on any of the Yoppy Chat Services or combination thereof,
including any injury or damage to Users or to any person’s computer related to
or resulting from participation or downloading materials in connection with the
Yoppy Chat Services. Under no circumstances shall Yoppy Chat be responsible for
any loss or damage, including personal injury or death, resulting from use of
the Yoppy Chat Services, attendance at a Yoppy Chat event, from any Content
posted on or through the Yoppy Chat Services, or from the conduct of any Users
of the Yoppy Chat Services, whether online or offline. The Yoppy Chat Services
are provided “AS-IS” and as available and Yoppy Chat expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Yoppy Chat cannot
guarantee and does not promise any specific results from use of the Yoppy Chat
Services.
12.
Limitation on Liability
In
no event shall Yoppy Chat be liable to you or any third party for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
lost profit damages arising from your use of the services, even if Yoppy Chat
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, Yoppy Chat’s liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Yoppy Chat for the Yoppy Chat
services during the term of membership.
13.
Disputes
If
there is any dispute about or involving the Yoppy Chat Services, you agree that
the dispute shall be governed by the laws of China, without regard to conflict
of law provisions and you agree to exclusive personal jurisdiction and venue in
the state and federal courts of China. Either Yoppy Chat or you may demand that
any dispute between Yoppy Chat and you about or involving the Yoppy Chat
Services must be settled by arbitration utilizing the dispute resolution
procedures of China, provided that the foregoing shall not prevent Yoppy Chat
from seeking injunctive relief in a court of competent jurisdiction.
14.
Indemnity
You
agree to indemnify and hold Yoppy Chat, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use of the Yoppy Chat Services
in violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above and/or
if any Content that you post on the Yoppy Chat Website or through the Yoppy
Chat Services causes Yoppy Chat to be liable to another.
15.
Other
This
Agreement is accepted upon your use of the Yoppy Chat Website or any of the
Yoppy Chat Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and Yoppy Chat regarding
the use of the Yoppy Chat Services. The failure of Yoppy Chat to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. Please contact us at: support@Yoppy
Chatapp.cn with any questions regarding this Agreement.
Commentaires
Enregistrer un commentaire