Terms and Conditions

These terms were last revised on 2016-08-01.

Yakker is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these documents are only available in English.

Hi! You are now reading Yakker's Terms of Service, meaning the contract between you and Yakker when you use Yakker's site, services, and products. You should read this carefully before you use Yakker. We've tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us. We've also included several annotations; these annotations aren't a part of the contract itself, but are intended to help you follow the text and emphasize key sections.

1. Accepting the Terms of Service

Please read these Terms of Service, and our Privacy Policy(collectively, the "Agreement") carefully before using yakker.ca (the "Site") and/or the other domains, products, services, and/or content provided by Yakker, Inc. (all of those collectively with the Site, the "Services") (Yakker, Inc. collectively with its agents, consultants, employees, officers and directors, "Yakker," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.

2. Modifications to this Agreement

Yakker reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification in your Yakker Dashboard). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Yakker received your prepayment.

As Yakker grows and improves, we might have to make changes to the Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document.

3. Use of the Services

Service Changes and Limitations:

The Services change frequently, and their form and functionality may change without prior notice to you. Yakker retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Yakker may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Yakker may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Yakker may also suspend Accounts (as defined below) at any time, in its sole discretion.

This section makes it clear that Yakker is an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also suspend any individual account at any time. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Service, our Privacy Policy.

In all cases we reserve the right to suspend accounts, or remove content, without notice, for any reason

Limitations on Automated Use:

You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Yakker and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yakker (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Yakker, or unless permitted by Yakker's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Yakker's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Don't do bad things to Yakker or other users. Some particularly egregious examples of automated "bad things" are listed in this section.

4. Registration, Yakker USERNAMES, and Security

As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Yakker username, (a "Yakker USERNAME").

You should provide Yakker with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.

It's really important that the email address associated with your Yakker Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.

You agree that you shall not select or use as a Yakker USERNAME a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Yakker reserves the right to refuse registration of, cancel, or modify a Yakker USERNAME in its sole discretion.

Don't choose a Yakker USERNAME with the intention of impersonating someone/something or otherwise causing confusion about who's behind your account. Parody, criticism, and other fair uses of others' names are fine, so long as there's no intention to impersonate or confuse.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Yakker immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

5. Privacy

Any information you provide to Yakker is subject to Yakker's Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

6. Content and Subscriber Content

Definitions:

For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.

Ownership:

Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Yakker and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content.

You retain ownership of any intellectual property you post to Yakker.

Subscriber Content License to Yakker:

When you transfer Subscriber Content to Yakker through the Services, you give Yakker a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, by reposting, as defined below), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing Yakker to develop new Services. The reference in this license to "derivative works" is not intended to give Yakker itself a right to make substantive editorial changes or derivations, but does enable Yakker Subscribers to redistribute Subscriber Content from one Yakker blog to another in a manner that allows Subscribers to, e.g., add their own text or other Content before or after your Subscriber Content ("reposting").

When you upload your creations to Yakker, you grant us a license to make that content available in the ways you'd expect from using our services (for example, via your feed, in featured content, etc.). We never want to do anything with your content that surprises you. We're thrilled to offer our support as a platform for our creators, and we'd never claim to be entitled to royalties or reimbursement for the success of what you've created. It's your work, and we're proud to be a part (however small) of what you accomplish.

You also agree that this license includes the right for Yakker to make all publicly-posted Content available to third parties selected by Yakker, so that those third parties can distribute and/or analyze such Content on other media and services.

An example of what it means to "make all publicly-posted Content available" to a Yakker partner for distribution or analysis would be if we licensed a feed of already-publicly-available Content to a partner, similar to how Twitter makes feeds available through its Streaming API.

Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Subscriber Content you submit to the Services.

Content License to You:

As a Subscriber of the Services, Yakker grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). This means, for example, that we license Content to you so that you can repost Content and add commentary to it.

Limitations on Objectionable Content:

You may not post Subscriber Content, or otherwise use your Account in ways that contains the following: (a) malicious speech, (b) harm to minors, (c) promotion or glorification of self-harm, (d) gore, mutilation, beastiality, or necrophilia, (e) sexual or adult-oriented content, (f) deceptive or fraudulent links, (g) misattribution or non-attribution, (h) spam, (i) unathorized contests, sweepstakes, or giveaways, (j) copyright or trademark infringement, (k) harassment, (l) privacy violations, (m) unlawful uses of content.

If we conclude that you are violating these limitations on objectionable Content, we may take action against your account. We do our best to ensure fair outcomes, but in all cases we reserve the right to suspend accounts, or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, and community. We reserve the right to enforce, or not enforce, these limitations on objectionable Content in our sole discretion, and these limitations on objectionable Content don't create a duty or contractual obligation for us to act in any particular manner.

We repeat: don't do bad things to other users. Yakker' community and moderators can flag any content and behavior that jeopardizes our users, threatens our infrastructure, or does damage to our community.

Termination and Deletion:

On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Yakker shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; (b) such removed Subscriber Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Subscriber Content may be available (and stored on our servers) through the accounts of other Subscribers, such as because of reposting.

7. Use of Trademarks

Any use of Yakker's trademarks, branding, logos and other such assets in connection with the Services shall be in accordance with Yakker' trademark guidelines.

8. Warranty Disclaimer; Services Available on an "AS-IS" Basis

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Yakker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.Yakker makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Yakker also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Yakker or through the Services, will create any warranty not expressly made herein.

9. Release From Liability

You release, to the fullest extent permitted by law, Yakker, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:

If you are a California resident, you waive California Civil Code 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."

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Yakker, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Yakker HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Yakker AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).

11. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.

12. Termination

Either party may terminate this Agreement at any time by notifying the other party. Yakker may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Yakker may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Yakker or any third party.

13. Legal Disputes

You and Yakker agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Yakker otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

Law and Forum for Legal Disputes:

This Agreement shall be governed in all respects by the laws of Delaware as they apply to agreements entered into and to be performed entirely within Delaware between residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Yakker must be resolved exclusively by a provincial or federal court located in Delaware, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.

14. Miscellaneous

This Agreement, as modified from time to time, constitutes the entire agreement between you and Yakker with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Yakker's prior written consent. Yakker may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Yakker in any respect whatsoever. Any notice to Yakker that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Yakker, Inc., Suite 1800 421 7th Avenue SW Calgary, AB T2P 4K9 Attn: Legal Department.

15. Special Provisions for Subscribers Located Outside of U.S.

Yakker provides global products and services and enables a global community for individuals to share and follow the things they love. Yakker's operations are, however, located in U.S., and Yakker's policies and procedures are based on U.S. law. As such, the following provisions apply specifically to Subscribers located outside of U.S.: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in U.S. and/or other countries.

16. DMCA Copyright Policy

Yakker has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). The address of Yakker's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.

Reporting Instances of Copyright Infringement:

If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Yakker is capable of finding it and verifying its existence.
  3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

After removing material pursuant to a valid DMCA notice, Yakker will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Yakker reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Yakker by providing the following information to the Designated Agent at the address below:

Upon receipt of a valid counter-notification, Yakker will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Yakker does not receive any such notification within ten (10) days, we may restore the material to the Services.

Designated Agent

Yakker, Inc.
Suite 1800 421 7th Avenue SW
Calgary, AB T2P 4K9
Attn: Copyright Agent
Email: dmca@yakker.ca