JOIN YEPP Welcome and thank you for visiting and using Yepp. The Yepp services, which include, but are not limited to, any of the entertainment content, products, services, websites, or mobile applications produced or distributed by FUNTECH PUBLISHING LTD and affiliated under the Yepp brand (“Services”), are provided by FUNTECH PUBLISHING LTD (“Yepp”), a company organized under the laws of Cyprus. By accessing or using any of the Services provided by Yepp or its affiliates, however accessed, you (collectively with Yepp, the “Parties”) manifest your intent and agree to be bound by this terms of use Agreement (“Agreement”). This Agreement affects your legal rights and obligations. If you do not agree to be bound by this Agreement, you are expressly prohibited from accessing or using the Services. After a modification, replacement, or amendment of the terms of this Agreement, your continued use of the Services constitutes your agreement to said modification, replacement, or amendment.
THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
The Services are only available to individuals either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18) and older, whichever is greater. Individuals under the age of 18 are expressly prohibited from creating a user account or otherwise using the Services. If you are located in the European Union, you warrant and agree that you are of the age of majority under the laws of your country and that you are authorized by law or parental consent to create an account or otherwise use the Services. If you are under the age of 13, you are expressly prohibited from using the Services. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Services on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
2.1. “Affiliate” is defined as any User of the Service that is authorized to participate in Yepp’s Affiliate Program under the terms of this Agreement.
2.2. “Affiliate Program” means the affiliate program adopted by Yepp to reward its Users for referring third parties to the Service, the terms of which may be changed at any time in Yepp’s sole and absolute discretion.
2.3. “Approved Lead” is defined as a third party that is referred to the Service by a User of the Service who creates an account with the Service and installs the Yepp software application on his or her mobile device.
2.4. The “Content” refers to the content on the Services, including, but not limited to, the text, software, scripts, graphics, photos, mobile applications, sounds, music, pictures, interactive features and the like. The “Content” does not include User Engagement, which is defined below.
2.5. “Creator(s)” means a User that has created a User Submission consisting of a Meme.
2.6. “Daily Revenue” means Yepp’s total daily revenue generated from the display of advertisements through the Services less all agency fees, network fees, operating expenses, interest paid, taxes, credits, and cancellations due to bad debt or fraudulent or automated clicks or impressions.
2.7. “Impression” means every instance on which a User of the Service views a User Submission, including, but not limited to, a Meme.
2.8. “Meme” means a User Submission consisting of one or multiple amusing or interesting images, videos, animated images, or text that is intended to be copied and spread rapidly by users of the Service.
2.9. “User” means a visitor of the Services, a Services account holder, or a user of the Services.
2.10. “User Submissions” refer to content (e.g., images, photographs, graphics, audio and video files, text, files, information, sounds, musical works, works of authorship, applications, links, and other communications, content, or materials, along with any text associated with the content) submitted, transmitted, posted, or displayed by Users.
2.11. “User Comments” refer to comments submitted, posted, or displayed by Users.
2.12. “User Engagement” collectively refers to User Submissions and User Comments.
3.1. Yepp may provide Users with the ability to upload or transmit content to or through the Services, including, but not limited to, User Engagement. When you submit User Engagement to the Services, you grant Yepp a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Engagement for the customary and intended purposes of the Services. These purposes may include providing you or third parties with the Services, backing up or archiving the Services, and selling or transferring the Services to a third party. In submitting User Engagement to the Services, you agree to waive all moral rights in or to your User Engagement across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Engagement.
3.2. Yepp is not responsible for any User Engagement, third-party content, syndicated content, services, advertisements, and/or links that may be contained on the Services. The Services may contain links to third party websites that are not owned or controlled by Yepp. Yepp has no control over, and assumes no responsibility for, the content, services, privacy policies, terms of use, or practices of any third-party websites or services. Additionally, Yepp will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly hold Yepp harmless from any and all liability arising from your use of any third-party website.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
3.3. You agree that you are responsible for all data or roaming charges you incur through use of the Services.
3.4. Yepp prohibits crawling, scraping, caching or otherwise accessing any Content or User Engagement on the Yepp Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Yepp’s express consent.
3.5. You are solely responsible for your interactions with other Users of the Services, whether online or offline. You agree that Yepp is not responsible or liable for the conduct of any User. Yepp reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
3.6. There will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Yepp will not be held responsible for any such interruptions.
3.7. Yepp reserves the right to remove any Content and/or User Engagement from the Services for any reason, without prior notice. Content and/or User Engagement removed from the Services may continue to be stored by Yepp, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Yepp is not a backup service and you agree that you will not rely on the Services for the purposes of content backup or storage. Yepp will not be liable to you for any modification, suspension, or discontinuation of the Yepp Services or the loss of any Content or User Engagement. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Engagement or other information may not be secure. You are expressly and solely responsible for your own security when using the Services.
4.1. Yepp provides you with a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Services for their customary and intended purposes. Use of the Services for a use outside of their customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Yepp.
4.2. In order to access some features of the Services, you will have to create an account. You may never use another User’s account without permission or solicit, collect, or use the login credentials of other Users. When creating your account, you must provide accurate and complete information. You are responsible for keeping your password secure and you are solely responsible for the activity that occurs on your account. Although Yepp will not be liable for any losses caused by any unauthorized use of your account, you may be liable for the losses of Yepp or others due to such unauthorized use. If you become aware of any breach of security or unauthorized use of your password or of your account, you must notify Yepp immediately at support@yepp.pe
4.3. You agree you will not sell, transfer, license or assign your account, username, or any account rights. Yepp prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
4.4. You also agree that all information you provide or have provided to Yepp upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
5.1. You agree to use the Services only for purposes that are permitted by this Agreement. Yepp here by grants you permission to access and use the Services as set forth in this Agreement, provided that:
5.1.1. You agree that you have the legal right and capacity to enter into this Agreement in your jurisdiction.
5.1.2. You must not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of the Services and your User Engagement, including, but not limited to, copyright laws and export laws.
5.1.3. You must not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Engagement via the Services, or User Engagement that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. You must not post spam. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities. You must not intentionally make false or misleading statements.
5.1.4. You must not post private, confidential, or sensitive information, or information that is otherwise in breach of the law via the Services, including, without limitation, your or any other person’s credit card information, social security, or national identity numbers, non-public phone numbers, addresses, or email addresses. You must not 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 to Yepp all of the licensed rights granted herein.
5.1.5. You must keep all of your User Engagement relevant and “on topic” to the particular item of User Engagement open for comments or submissions.
5.1.6. You must not distribute in any medium any part of the Services without prior written authorization from Yepp. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content and User Engagement or enforce limitations on use of the Services and the Content and User Engagement therein.
5.1.7. You must not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any part of the Services is rendered or displayed in a User’s browser or device.
5.1.8. You must not change, alter, or modify any part of the Services for any reason.
5.1.9. You agree not to use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to Yepp’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to access (or attempt to access) any of the Services, including Content and User Engagement, by any means other than through the interfaces that are provided by Yepp.
5.1.10. You agree not to use the Services for any commercial purpose or use, either direct or indirect, without the prior written authorization of Yepp. You may access User Engagement solely for your information and non-commercial, personal use or as otherwise intended through the normal functionality of the Yepp Services. Yepp permits you to link to materials on the Services for personal, non-commercial purposes only. In addition, Yepp provides an “Embeddable Player” feature, which you may incorporate into your own personal, non- commercial websites for use in accessing the materials on the Services, provided that you include a prominent link back to Yepp’s website on any pages containing the Embeddable Player.
5.1.11. You must not solicit, for commercial purposes, spam, or send harassing communications to any Users. Additionally, you must not collect or harvest any personal information from the Services. You must not offer to sell or buy any product or service, and you must not post advertisements or solicitations of business.
5.1.12. You must not attempt to restrict another User from using or enjoying the Services and you must not encourage or facilitate violations of this Agreement or any other Yepp terms.
5.1.13. The Content and Yepp intellectual property, including, but not limited to, the Yepp trademarks, trade names, and logos, on the Services are owned by or licensed to Yepp, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Yepp reserves all rights that are not expressly granted in and to the Services and the Content. You agree not to use, copy, or distribute, either directly or indirectly, any of the Content other than that which is expressly permitted herein, including any use, copying, or distribution of User Engagement of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Content and/or User Engagement for personal use, you must retain all copyright and other proprietary notices contained therein. You agree that Yepp holds no responsibility for content posted within the service, including, but not limited to, User Engagement. Yepp is not obligated to monitor or edit any content posted on Yepp, including, but not limited to, User Engagement. If your content violates this Agreement, you may bear legal responsibility for that content.
5.1.14. Yepp reserves the right to discontinue any aspect of the Services, either specifically to you or generally, at any time.
5.1.15. Yepp may terminate a User’s access to the Services at any time, for any reason. If Yepp suspects that you have violated any provision of this Agreement, Yepp may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. Further, Yepp reserves the right to refuse access to the Services to anyone for any reason at any time.
6.1. You shall be solely responsible for your own User Engagement and the consequences of posting or publishing User Engagement.
6.1.1. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Comments:
6.1.1.1. You may be given the opportunity to review and post User Comments on the Services. Your User Comments must adhere to this Agreement, any additional applicable terms of the mobile application store or marketplace where you have downloaded such Services, and, to the extent applicable, foreign, national, state, or local laws. If a comment is made using your identity, it will be deemed to have been posted by you. Yepp will not accept responsibility for User Comments and other information posted in the comments. If Yepp receives notice that any User Comments are not in compliance with this Agreement or the intended use of the User Comments, Yepp may remove such User Comments. Additionally, engaging in such conduct may result in you and/or your account being banned from the Services.
6.1.1.2. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User Comments are made available AS IS and may not be used, copied, reproduced, displayed, sold, licensed, downloaded, distributed, transmitted, broadcast, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as expressly authorized under this Agreement.
6.1.2. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Submissions—you affirm, represent, and/or warrant that:
6.1.2.1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us 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 Services and this Agreement.
6.1.2.2. 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 Services and this Agreement.
6.1.2.3. The Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Yepp does not guarantee any confidentiality with respect to any submissions.
6.1.3. You additionally affirm, represent, and warrant that the posting and use of your User Engagement on or through the Yepp Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
6.1.4. You agree to pay for all royalties, fees, and any other monies owed by reason of your User Engagement that you post on or through the Services.
6.2. Yepp does not endorse any User Engagement or any opinion, recommendation, or advice expressed therein, and Yepp expressly disclaims any and all liability in connection with User Engagement. Yepp does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Yepp will remove all Content and User Engagement if properly notified that such Content or User Engagement infringes on another’s intellectual property rights. Yepp may, but has no obligation to, remove, edit, block, and/or monitor User Engagement or accounts containing User Engagement that Yepp determines in its sole discretion violates this Agreement. Yepp will also terminate a User’s access to the Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Engagement removed from the Services more than twice.
6.3. Yepp reserves the right to determine in its sole discretion whether Content or User Engagement is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, hate speech, or excessive length. Yepp may, at any time, without prior notice and in its sole discretion remove such User Engagement and/or terminate a User’s access for submitting such material in violation of this Agreement.
6.4. You understand that when using the Services, you will be exposed to User Engagement from a variety of sources. Yepp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Engagement. You understand and agree that Yepp cannot and will not be responsible for the User Engagement posted on the Services and you use the Services at your own risk. You further understand and acknowledge that you may be exposed to User Engagement that are inaccurate, offensive, indecent, or objectionable.
6.5. Yepp may provide you with the ability to receive text messages from Yepp when using the Services. Yepp provides you with the opportunity to opt-in and opt-out from text messages when you use the Services, including by responding to the initial text message that you received from Yepp when you opted in to receive text messages from Yepp. By replying YES to this message, you understand that you confirm your subscription to Yepp text messages. The frequency of text messages from Yepp may vary. Yepp does not charge for providing its text message services, but your mobile telephone carrier may charge message and data rates. By consenting to receive text messages from Yepp, you approve of any charges applied by your mobile telephone carrier. Yepp reserves the right to terminate text message services at any time and within its sole and absolute discretion. To stop receiving text messages, you may text STOP in response to any text message received from Yepp. To obtain help regarding text messages sent by Yepp, you may email support@yepp.pe
6.6. Yepp may provide you with the ability to share your geographical location with Yepp and other users of the Services when using the Services. You may also accept or reject any requests from users of the Services to obtain your geographical location through the Services. If you share your geographical location with your subscribers, you understand and agree that your geographical location may appear on a map and that subscribers to your Yepp account may be able to determine your exact, physical location. If you utilize the Services to post User Engagement to the Yepp map feature located within the Services, you understand and agree that your geographical location may appear on a map and that all users of the Yepp map feature located within the Services may be able to determine your exact, physical location. Yepp provides you with the opportunity to opt-in and opt-out of sharing your geographical location within the settings of your mobile device and/or web browser, which may provide you with several options for the sharing of your geographical location, such as options to share your geographical location at all times, only when using the iServices, or never. Should you wish to cease the sharing and use of your geographic location by Yepp, you are advised to disable location services within the settings of your mobile device and/or web browser. If you do not share your physical location with the Services, you may not use the Yepp map feature located within the Services.
Yepp provides its Users with the ability make and receive YEPP Coins while using the Services. YEPP Coin is a virtual currency that can be used within the Services and does not constitute legal tender or a security, whether marketable or otherwise. Yepp may provide User with the ability to obtain YEPP Coins through participation in the Services. To obtain YEPP Coins through the use of the Services, each User agrees to maintain current and complete contact information, including information related to their cyptocurrency wallet. Each User understands and agrees that he or she has an ongoing duty to update his or her contact information if and when it changes and, in the event any YEPP Coin is lost or returned to Yepp due to an incorrect address or contact information, Yepp will not resend or reissue YEP Coins to the User and the YEPP Coins will be considered owned by Yepp.
8.1. Yepp may offer you the ability to make in-app purchases through its offering of the Services, specifically the Yepp mobile application, in the Apple App Store or Google Play Store (“In-App Purchase(s)“). If you choose to make In-App Purchases, you may be required to authenticate your user account with the Apple App Store or Google Play Store to complete your transaction (“Store Account”). When making an In-App Purchase, your Store Account’s payment method will be charged in the amount of the In-App Purchase and consistent with the terms disclosed to you at the time of purchase. Additional terms for In-App Purchases may apply to your use of your Store Account. You warrant and agree that you have the legal right to use all payment methods stored in or utilized by your Store Account. Yepp reserves the right to discontinue or modify In-App Purchases at any time and in its sole and absolute discretion, including, but not limited to, by modifying the prices charged for In-App Purchases.
8.2. Payment for all In-App Purchases must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Services or In-App Purchases. You acknowledge and agree that Yepp is not responsible for any foreign transaction fees or other fees charged to you by your financial intuition or through your Store Account. If your In-App Purchase is a recurring subscription, you understand and agree that your Store Account will be billed continuously in the agreed amount until you cancel your subscription consistent with the terms applicable to your Store Account. If you do not wish for your recurring subscription to be renewed automatically, you must log into your Store Account and follow your Store Account’s instructions to cancel your subscription. You agree that you will not initiate any chargebacks to Yepp unless otherwise authorized by Yepp in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Yepp. Your In-App purchase is not binding on Yepp until accepted and confirmed by Yepp. All In-App purchases are non-refundable and non-transferrable.
9.1. Reporting Instances of Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any User Engagement or other content infringes upon your copyrights, you may submit a notification pursuant by providing Yepp’s Copyright Agent with the following information in writing:
9.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
9.1.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
9.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
9.1.4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
9.1.5 A statement 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;
9.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Yepp’s Copyright Agent to receive notifications of claimed infringement is:Revision Legal, PLLC, 444 Cass St., Suite D, Traverse City, MI 49684, United States of America with an email address of dmca@yepp.pe. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.
9.1.7 Submitting a Counter-Notice If you believe that your User Engagement that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Engagement, you may send a counter-notice containing the following information to Yepp’s Copyright Agent:
Yepp takes reasonable measures to ensure that the Services are accessible by users with special needs or requirements. Yepp is committed to providing the public, including persons with disabilities, with access to the Services and related information. In designing its websites, Yepp makes reasonable efforts to comply with the WCAG 2.0 Level AA web accessibility standards. Yepp also makes reasonable efforts to ensure that its websites are designed to reach the widest audience possible, but, if you have difficulty viewing any of Yepp’s Services, including its websites, or performing any transaction through the Services, you are encouraged to contact Yepp at support@yepp.pe.
Forbidden:
Allowed:
Withdraw process of YeppCoins could take up to 7 business days due to account and referrals quality check.