YepFriends Terms of Service
Welcome to YepFriends, a unique online community that connects people through a specialized network of friends for dating purposes or just for making new friends.
YepFriends service is operated by GEXC Inc. (" YepFriends.com" or "we" ) include the YepFriends Internet messaging service, and any other features, content, or applications offered from time to time by YepFriends in connection with the YepFriends Website (collectively, the "YepFriends Services").
This written Agreement sets out the legally binding terms of your membership in the Service and use of YepFriends Web site. You agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the YepFriends Website) or you are a "Member" (which means that you have registered with YepFriends). The term "User" refers to a Visitor or a Member. You are only authorized to use our Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Please read the following terms carefully before registering and using the YepFriends service. By signing up with YepFriends, you indicate your acceptance of this Agreement and its terms and conditions. This Agreement constitutes the entire and only agreement between us and you. If you do not agree with it, you should leave the YepFriends Website and discontinue use of the YepFriends Services immediately.
YepFriends 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 YepFriends Services at any point in time, for any or no reason, with or without prior notice, and without liability; will take effect upon posting on YepFriends's Web Site.
Please choose carefully the information you post on YepFriends and that you provide to other Users. Do not include these following informations on your profile: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other YepFriends Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and YepFriends assumes no responsibility or liability for this material. If you become aware of misuse of the YepFriends Services by any person, please contact us or click on the "Report Inappropriate Content" link at the bottom of any YepFriends page.
YepFriends reserves the right to change any of these terms and conditions at any time without prior notice to or the consent of any person. Any changes or replacement will be posted at this site. Advertisers, publishers and visitors should review this Privacy Policy periodically to note any changes that may have occurred.
1. Eligibility. Any membership in the Service is automatically void where prohibited. By using the YepFriends 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 16 years of age or older; and (d) your use of the YepFriends 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 18 years of age.
2. Terms. While using the Web site services and/or are a Member; this Agreement will remain in full force and effect. You are free to terminate your membership at any time you wish, for any reason by following the instructions stated on the Cancel Account page in Account Settings. YepFriends reserves the right to terminate your membership at any time, for any reason. If YepFriends terminates your membership because you have breached the Agreement, you will not be entitled to any refund of your unused subscription fees. This agreement will still remain in full effect even after your membership has been terminated.
3. Non-Commercial Use by Members. All Organizations, companies, and/or businesses alike may not become Members and should not use the YepFriends Service or the Web site for any purpose. YepFriends Web Site service is meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavors. The following include Illegal and/or unauthorized uses of the Web site: Collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated thoroughly, and the appropriate legal action will be taken, including without limitation, criminal, civil and injunctive redress.
4. Full Proprietary Rights in Content on YepFriends. Except for that information which is in the public domain or for which you have been given a written permission, you do not have the right to copy, publish, modify, transmit, perform, display, distribute or sell any other proprietary information. YepFriends owns and retains all proprietary rights in the YepFriends Web Site and its Service. The Web Site contains the copyrighted material, trademarks, and other proprietary information of YepFriends, and its licensors.
5. Fees. You acknowledge that YepFriends reserves the right to charge for the YepFriends Services and to change its fees from time to time in its discretion. If YepFriends terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
6. Username & Password. In the sign up process, you will need to choose a password in order to become a YepFriends member. You shall be responsible for maintaining the confidentiality of your password. You agree not to use any username or password of another Member at any time; or to disclose your password to any third party. You are also responsible for all usage and activity on your Account, including use of the account by a third party authorized by you to use your account. You agree to notify YepFriends.com immediately if you suspect any unauthorized use of your account or access to your password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by YepFriends and referral to the appropriate law enforcement agencies.
7. Content Posted on the Site.
a. As a registered member on YepFriends Web Site, your profile must describe you (an individual person). Examples of in-appropriate profiles include the following (But are not limited to): Profiles that purport to represent an animal, inanimate, place, object, a real individual who is not you or any fictional character.
b. You understand and agree that YepFriends reserves the right to review/edit delete any content, photos, messages or profiles (collectively, "Content") that in YepFriends sole judgment violate this Agreement or which might be illegal, offensive, or that might violate the rights, threaten the safety of other members, or harm them in anyway.
c. As a member posting Content to any public section of YepFriends, You automatically grant, and you warrant and represent that you have the right to grant, to YepFriends a perpetual, irrevocable, non-exclusive, fully paid, worldwide license to copy, perform, use, display and distribute such information and content and to incorporate into other works of, or prepare derivative works of such information and content, and to grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish (hereinafter, "post") on the Service Web Site, or transmit to other YepFriends Members.
e. solicits people you don't know to add you and/or accept you as a YepFriends member friend. Even though all of the above is strictly prohibited on YepFriends, there is still a small chance that you may become exposed to such items and you further waive your personal right to any damages (from any party) related to any such exposure.
f. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any of your or others products or services through the YepFriends Service. Although YepFriends cannot monitor the conduct of its Members off the YepFriends Web site, it is still considered a violation of these rules to use any information obtained from the YepFriends Service in order to abuse, harass, or harm another person, or in order to advertise to, contact, solicit, or sell to any of the YepFriends Members without their prior explicit consent. In order to protect our Members from such solicitation or advertising, YepFriends reserves the right to restrict the number of emails, which any Member may send to other Members in any twenty four hour period to a number, which YepFriends deems appropriate in its sole discretion.
8. Participation: The following below is a partial list of the kind of content that is considered illegal or prohibited on the YepFriends Website. YepFriends reserves the right to investigate fully and take any appropriate legal action in its sole discretion against anyone who violates this provision; including without limitation, removal of the offending communication from the Service and automatically terminating the membership of such violators. It includes Content that:
a. is patently offensive to the online community, such as content that promotes bigotry, racism, hatred or physical harm of any kind against any group or individual;
b. promotes information that you are aware is false, promotes illegal activities or misleading or conduct that is threatening, abusive, obscene, libelous or defamatory;
c. involves the transmission of "chain letters," "junk mail", or unsolicited mass mailing or "spamming";
d. advocates harassment or harasses another person;
e. promotes any illegal or unauthorized copy of someone else'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;
f. contains password only access pages or restricted pages, or hidden pages or images (those not linked to or from other accessible page);
g. displays any form of pornographic or sexually explicit material of any kind;
h. provides material that exploits persons under the age of eighteen in a violent or sexual manner, or solicits the personal information from anyone under eighteen;
i. provides instructional information about any illegal activities such as buying or making illegal weapons, providing or creating any computer viruses or violating a person's privacy.
j. engages in commercial activities and/or sales without any prior written consent from us; such as sweepstakes, contests, sweepstakes, advertising, barter and pyramid schemes;
k. solicits personal identifying information for commercial or unlawful purposes from other users or passwords.
l. posted any photograph of another person without that person's consent;
m. to use sexually suggestive imagery or any other unfair, misleading or deceptive content intended to increase traffic to the profile
n. displays any criminal or tortious 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;
o. covering or obscuring the banner advertisements on your personal profile page, or any YepFriends page via HTML/CSS or any other means;
p. any automated use of the system, such as using scripts to add friends or send comments or messages;
q. interfering with, disrupting, or creating an undue burden on the YepFriends Services or the networks or services connected to the YepFriends Services;
r. attempting to impersonate another Member or person;
s. for band profiles, copying the code for your YepFriends Player and embedding it into other profiles or asking other Members to embed it into their profiles;
t. using the YepFriends Services in a manner inconsistent with any and all applicable laws and regulations.
9. Member Disputes. Interaction between YepFriends members is your sole responsibility. GEXC Inc. reserves the right, but has no obligation, to monitor disputes between you and any other Members.
10. Privacy. Our Privacy Policy also governs the use of the YepFriends Web site and/or its Services.
11. Disclaimers. YepFriends is not responsible for any inaccurate or incorrect Content posted on the Web site or in connection with the Service; whether caused by users of the members or users of the Web site, or by any of the equipment or programming utilized or is associated in the Service. YepFriends assumes no responsibility for any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of any user or Members communications. YepFriends is not responsible for the conduct, whether online or offline, of any user of the YepFriends Web site or Member of the Service. The Web site and the Service are provided "AS-IS" and YepFriends expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YepFriends is not responsible for any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including damage or injury to users and/or YepFriends Members or to anyone's computer related to or resulting from downloading material or participating in connection with the Web and/or in connection with the YepFriends Service. Under no circumstances will YepFriends be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the YepFriends Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. YepFriends cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may not be available temporarily from time to time for maintenance purposes or other reasons. No advice or information, whether written or oral, obtained by YepFriends users or through or from the service itself shall create any warranty not expressly stated herein.
12. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of YepFriends without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of YepFriends to terminate Membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to YepFriends 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 Service in a way that constitutes copyright infringement, please provide our Copyright Agent 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 YepFriends Web site; (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.
13. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will YepFriends be liable to you or any third person for any exemplary, indirect, consequential, incidental, special or punitive damages, including also any lost profits arising from your use of the YepFriends Web site or the Services, even if YepFriends has been advised of the possibility of such form of damages. Notwithstanding anything to the contrary contained herein, YepFriends's liability to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to the amount that is paid, if any, by you as a member to YepFriends for the Service during the term of the membership.
14. Indemnity. You agree to hold and indemnify YepFriends, affiliates, its subsidiaries, agents, officers, and other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the YepFriends Service 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. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. No Agency. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture, relationship between YepFriends and any User of the YepFriends Service.
16. Other. This Agreement, accepted upon use of the YepFriendss Web site and further affirmed by becoming a registered Member of the Service, contains the entire agreement between you and YepFriends regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Failure of YepFriends to enforce or exercise any right or provision of these stated Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.