1. Introduction Welcome to Yepum (“Company”, “we”, “our”, “us”)! As
you have just clicked our Terms of Service, please pause, grab a cup
of coffee and carefully read the following pages. It will take you
approximately 20 minutes. These Terms of Service (“Terms”, “Terms of
Service”) govern your use of our web pages located at
http://yepum.com and our mobile application Yepum (together or
individually “Service”) operated by Yepum. Our Privacy Policy also
governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our
web pages. Please read it here http://yepum.com/privacy-policy. Your
agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood
Agreements, and agree to be bound of them. If you do not agree with
(or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at contact@yepum.com so
we can try to find a solution. These Terms apply to all visitors,
users and others who wish to access or use Service. Thank you for
being responsible.
2. Communications By creating an Account on our Service,
you agree to subscribe to newsletters, marketing or promotional
materials and other information we may send. However, you may opt
out of receiving any, or all, of these communications from us by
following the unsubscribe link or by emailing at.
3. Purchases If you wish to purchase any product or service made
available through Service (“Purchase”), you may be asked to supply
certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your
credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true,
correct and complete. We may employ the use of third party services
for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to
provide the information to these third parties subject to our
Privacy Policy. We reserve the right to refuse or cancel your order
at any time for reasons including but not limited to: product or
service availability, errors in the description or price of the
product or service, error in your order or other reasons. We reserve
the right to refuse or cancel your order if fraud or an unauthorized
or illegal transaction is suspected.
4. Subscriptions Some parts of Service are billed on a
subscription basis (“Subscription(s)”). You will be billed in
advance on a recurring and periodic basis (“Billing Cycle”). Billing
cycles are set either on a monthly or annual basis, depending on the
type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you
cancel it or Yepum cancels it. You may cancel your Subscription
renewal either through your online account management page or by
contacting Yepum customer support team. A valid payment method,
including credit card or PayPal, is required to process the payment
for your subscription. You shall provide Yepum with accurate and
complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information.
By submitting such payment information, you automatically authorize
Yepum to charge all Subscription fees incurred through your account
to any such payment instruments. Should automatic billing fail to
occur for any reason, Yepum will issue an electronic invoice
indicating that you must proceed manually, within a certain deadline
date, with the full payment corresponding to the billing period as
indicated on the invoice.
5. Fee Changes Yepum, in its sole discretion and at any time, may
modify Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current Billing
Cycle. Yepum will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate
your Subscription before such change becomes effective. Your
continued use of Service after Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription
fee amount.
6. Refunds Except when required by law, paid
Subscription fees are non-refundable.
7. Content Content
found on or through this Service are the property of Yepum or used
with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or for personal gain, without express
advance written permission from us.
8. Prohibited Uses
You may use Service only for lawful purposes and in accordance with
Terms. You agree not to use Service: (a) In any way that violates
any applicable national or international law or regulation. (b) For
the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content or
otherwise. (c) To transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”,
“chain letter,” “spam,” or any other similar solicitation. (d) To
impersonate or attempt to impersonate Company, a Company employee,
another user, or any other person or entity. (e) In any way that
infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any
unlawful, illegal, fraudulent, or harmful purpose or activity. (f)
To engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of Service, or which, as determined by us, may harm
or offend Company or users of Service or expose them to liability.
Additionally, you agree not to: (a) Use Service in any manner that
could disable, overburden, damage, or impair Service or interfere
with any other party’s use of Service, including their ability to
engage in real time activities through Service. (b) Use any robot,
spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the
material on Service. (c) Use any manual process to monitor or copy
any of the material on Service or for any other unauthorized purpose
without our prior written consent. (d) Use any device, software, or
routine that interferes with the proper working of Service. (e)
Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful. (f) Attempt
to gain unauthorized access to, interfere with, damage, or disrupt
any parts of Service, the server on which Service is stored, or any
server, computer, or database connected to Service. (g) Attack
Service via a denial-of-service attack or a distributed
denial-of-service attack. (h) Take any action that may damage or
falsify Company rating. (i) Otherwise attempt to interfere with the
proper working of Service.
9. Analytics We may use
third-party Service Providers to monitor and analyze the use of our
Service. Google Analytics Google Analytics is a web analytics
service offered by Google that tracks and reports website traffic.
Google uses the data collected to track and monitor the use of our
Service. This data is shared with other Google services. Google may
use the collected data to contextualise and personalise the ads of
its own advertising network. For more information on the privacy
practices of Google, please visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en We also encourage you to
review the Google's policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245. Firebase
Firebase is analytics service provided by Google Inc. You may
opt-out of certain Firebase features through your mobile device
settings, such as your device advertising settings or by following
the instructions provided by Google in their Privacy Policy:
https://policies.google.com/privacy?hl=en For more information on
what type of information Firebase collects, please visit the Google
Privacy Terms web page: https://policies.google.com/privacy?hl=en
10. No Use By Minors Service is intended only for access
and use by individuals at least eighteen (18) years old. By
accessing or using any of Company, you warrant and represent that
you are at least eighteen (18) years of age and with the full
authority, right, and capacity to enter into this agreement and
abide by all of the terms and conditions of Terms. If you are not at
least eighteen (18) years old, you are prohibited from both the
access and usage of Service.
11. Accounts When you
create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your
account on Service. You are responsible for maintaining the
confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or
account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password,
whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of
security or unauthorized use of your account. You may not use as a
username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to
any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name
that is offensive, vulgar or obscene. We reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel
orders in our sole discretion.
12. Intellectual Property
Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Yepum and its licensors. Service is protected by
copyright, trademark, and other laws of the United States and
foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written
consent of Yepum.
13. Copyright Policy We respect the
intellectual property rights of others. It is our policy to respond
to any claim that Content posted on Service infringes on the
copyright or other intellectual property rights (“Infringement”) of
any person or entity. If you are a copyright owner, or authorized on
behalf of one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement, please
submit your claim via email to contact@yepum.com, with the subject
line: “Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims” You
may be held accountable for damages (including costs and attorneys'
fees) for misrepresentation or bad-faith claims on the infringement
of any Content found on and/or through Service on your copyright.
14. DMCA Notice and Procedure for Copyright Infringement
Claims You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3)
for further detail): (a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright's
interest; (b) a description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of
the location where the copyrighted work exists or a copy of the
copyrighted work; (c) identification of the URL or other specific
location on Service where the material that you claim is infringing
is located; (d) your address, telephone number, and email address;
(e) a 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; (f) 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. You can contact our Copyright Agent via email at
contact@yepum.com
15. Error Reporting and Feedback You
may provide us either directly at contact@yepum.com or via third
party sites and tools with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints,
and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or
assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development
ideas similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you or any
third party; and (iv) Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an
exclusive, transferable, irrevocable, free-of-charge,
sub-licensable, unlimited and perpetual right to use (including
copy, modify, create derivative works, publish, distribute and
commercialize) Feedback in any manner and for any purpose. The third
party sites and tools mentioned above include the following:
Firebase Crashlytics Firebase Crashlytics is bug reporting service
provided by Google Inc. You may opt-out of certain Firebase features
through your mobile device settings, such as your device advertising
settings or by following the instructions provided by Google in
their Privacy Policy: https://policies.google.com/privacy?hl=en For
more information on what type of information Firebase collects,
please visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en
16. Links To
Other Web Sites Our Service may contain links to third party web
sites or services that are not owned or controlled by Yepum. Yepum
has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE
THAT YEPUM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS
OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES
OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU
VISIT.
17. Disclaimer Of Warranty THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION,
CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR
USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY
PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.
Termination We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of Terms. If you wish to
terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
19. Governing Law These
Terms shall be governed and construed in accordance with the laws of
European Union without regard to its conflict of law provisions. Our
failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms
is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service and
supersede and replace any prior agreements we might have had between
us regarding Service.
20. Changes To Service We reserve
the right to withdraw or amend our Service, and any service or
material we provide via Service, in our sole discretion without
notice. We will not be liable if for any reason all or any part of
Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire
Service, to users, including registered users.
21.
Amendments To Terms We may amend Terms at any time by posting the
amended terms on this site. It is your responsibility to review
these Terms periodically. Your continued use of the Platform
following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently
so you are aware of any changes, as they are binding on you. By
continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability No waiver by Company of any
term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of Company to assert a right or
provision under Terms shall not constitute a waiver of such right or
provision. If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of
Terms will continue in full force and effect.
23.
Acknowledgement BY USING SERVICE OR OTHER SERVICES PROVIDED BY US,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE
TO BE BOUND BY THEM.
24. Contact Us Please send your
feedback, comments, requests for technical support: By email:
contact@yepum.com.
Last updated: 10/11/2020