Yap Books

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Yap® — Terms of use   This app (as available at http://yabooks.com) and its associated services, software, applications, and content (collectively “App”) is owned and operated by Yap Technology Limited (“Yap”). Yap has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the App.&nbsp. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the App and must discontinue your use immediately.   Please read this agreement carefully before accessing, paying for, or using the app and associated services. by accessing or using the app, you agree to be bound by the terms and conditions of this agreement.   Yap may, from time to time, and reserves the right, in its sole and absolute discretion, to modify, limit, change, discontinue, or replace the app or this agreement. in the event yap modifies, limits, changes, or replaces the app or this agreement, your use of the app after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement.   1. About the App   Yap provides an interactive platform that allows users to create voice-activated books using the Yap story telling platform (“Yap Creator”) and to publish/monetize their books using the Yap library.&nbsp. Yap offers books/stories that are driven by voice-controlled animation, sounds, and digital content.&nbsp. Yap also provides reading performance data to help children, parents, and teachers learn together.   The information on the App should not be considered complete or up to date.&nbsp. You agree to hold Yap harmless for any errors, omissions, or misrepresentations contained within the App’s content.&nbsp. Your reliance upon any information provided by Yap, Yap’s employees, other information appearing on the App at invitation by Yap, or other visitors or users of the App is solely at your own risk. Also, you understand that Yap is not obligated to provide any maintenance, technical or other support for the App.   2. Warranties and Representations   You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.&nbsp. You warrant that you are a human individual that is eighteen (18) years of age or older.&nbsp. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review.   You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.   You warrant and represent that any and all information that you provide to Yap and the App is accurate and valid.&nbsp. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the App.&nbsp. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the App.&nbsp. You agree to comply in good faith with the terms of this Agreement.   You will not use the App in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.&nbsp. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the App.&nbsp. The App is operated in the United Kingdom and Yap makes no representation that its App or services or products are appropriate, lawful, or available for use in other locations.     3. Subscription &amp. Payments   Monthly package will enable an auto-renewing subscription, with the following standard iTunes terms: Payment will be charged to iTunes Account at confirmation of purchase Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.     4. Ownership of App and License   Excluding your content, you acknowledge and agree that Yap is the owner of, or has rights in and to, the App and its associated content, including but not limited to all intellectual property rights inherent therein. The App is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the App for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the App, whether in whole or in part, without the prior written consent of Yap.   Yap hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the App for its customary and intended purposes. If you download software from the App, the software, including all files and images contained in or generated by the software, and accompanying data are deemed to be licensed to you by Yap, for your personal, non-commercial use only.&nbsp. Violation of the terms of this Agreement or use of the App for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the App or any portion of it will result in the termination of this license.&nbsp. Absent prior written permission from Yap, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the App or its content.&nbsp. This license is revocable at any time, and any rights not expressly granted herein are reserved to Yap.   5. Trademarks   All trademarks, common law or registered trademarks, displayed on this App are the property of their respective owners.&nbsp. Specially, all YAP marks are the property of Yap, including, but not limited to YAP, YAP CREATOR, YAP CLASSROOM, YAP LIBRARY, and all Yap’s logos. The App, including its look and feel, color selections, layout, and arrangement, is the trade dress of Yap. You are prohibited from using Yap’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Yap.   6. Your Content   You retain full ownership rights to any content you post, upload and/or submit to the App, including, but not limited to, images, videos, text, and stories/books.&nbsp. You understand that Yap does not guarantee the confidentiality of any content submitted to the App and other users may view such content.   By submitting content to the App, you hereby grant Yap and its affiliates, officers, directors, employee, consultants, agents, representatives, and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to use, reproduce, transmit, publicly display, distribute, edit, and make available for any purpose regardless of the form or medium.&nbsp. Specifically, Yap may transform your book/story into a voice-activated book and publicly display it on the Yap Library.&nbsp. You understand and agrees that the above license granted to Yap terminates within a commercially reasonable time after your content is removed or deleted from the App.&nbsp. Also, your understand and agrees that Yap may (but is not obligated to) keep archives of your content for the purpose of maintaining business records of Yap and preserving evidence of its App activity.   Further, you agree that the content submitted to the App will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant Yap all of the license rights granted herein.   7. Account Registration. Payment. Termination   You are welcome to use Yap and create books using Yap’s app and the App, so long as you adhere to the terms of this Agreement.&nbsp. Before you may use any features of the App, you will need to register an account and create a user profile.&nbsp. To register an account and create a user profile, you agree to complete the required information.&nbsp. Upon registration, you agree to review Yap’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.&nbsp. Yap does not endorse you or discriminate based upon any information provided by you or made available for population of your user profile.   Some products and services offered by Yap, such as some of the books offered in the Yap library and certain features of the App, require payment.&nbsp. For these products and services, Yap charges and collects fees in advance of you obtaining access.&nbsp. Payment is processed through a third-party payment processor, such as Apple.&nbsp. It is your sole responsibility to review and comply with all Terms and Policies of any third parties.&nbsp. You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world.&nbsp. You understand and agree that Yap will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the App.   Yap may, at its sole discretion, provide you with a refund for any fee-based features provided through the App, so long as you provide timely notice to Yap of any defects or problems with your access to any of these features and allow Yap a reasonable time to remedy any such defects or problems.   You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account(s) if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the App.&nbsp. Yap reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.   Yap may change any terms and conditions regarding your use of the App at any time.&nbsp. Your use of the App shall constitute acceptance of any changes made to this Agreement.   If you cancel your account or stop using Yap’s products or services, Yap is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data.&nbsp. Yap is under no obligation to provide you with the data associated with your account and/or user profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. Yap recommends that you maintain your own backup of account and user profile data.   You agree to keep your account secure from unauthorized access.&nbsp. You will log in using your account password.&nbsp. You should not to reveal your password to others.&nbsp. You agree that you alone are responsible for your account and all associated user profiles.&nbsp. You accept full responsibility for any and all use of your account, whether authorized or unauthorized.&nbsp. In the case of unauthorized access to your account, you agree to contact Yap immediately.&nbsp. You agree to hold harmless and indemnify Yap for any damages that arise out of or in relationship to the use of your account.   By creating an account and/or providing your email address, you agree that Yap, and its designees and agents, may contact you by any available means, including, but not limited to, by email.   8. Publishing Books   In order for your Yap book to become available to our end users and featured within thew Yap Library the materials must be of high standard, free of any copyright infringement, non-offensive or of a suitable the intended age of the reader .&nbsp. You can make your books available to other people by sumitting your finished book to the Yap library, which will then be sent and reviewed to ensure it is within accordance with our publishing standards and suitable for our platform and customers.   Books will be available for a period of 12 months and then internally review after this to assess there suitabilty, profitability to Yap Technology Ltd.   Any payment received from the sale your YAP Book will be divided between you, Yap, and Apple or Android.   9. Prohibited Uses You agree that you will not use the App to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App.   Specifically, you are prohibited from, without limitation:   — Transmitting unsolicited commercial email messages, or spam, through the App or to users of the App; — Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18; — Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices; — Imposing a disproportionate load on the App or its server infrastructure or otherwise attempting to interfere with the operation of the App; — Circumventing Yap’s technological or security protection mechanisms; — Using a script, robot, spider, scraper, or other automated technology to access the App; — Attempting to gain access to the private data or personal information of a user of the App or a third party. Posting or transmitting content intended to collect personal or personally identifiable information from users of the App or third parties; — Harassing and/or stalking a third party through your use of the App; Impersonating another or creating multiple alias accounts; — Using the App in furtherance of any unlawful sexual solicitation; — Posting or transmitting content that threatens or encourages bodily harm or the destruction of property; — Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the App or third parties; — Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful; — Posting or transmitting content that incites any illegal activity; — Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter. or — Posting or transmitting content that violates any term or condition of this Agreement. — Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the App.   10. Third Party Links   You understand that the App may contain links to third party apps, applications, or services that Yap does not own or control. You agree that Yap will not be held responsible or liable for the content of third party apps, applications, or services and that Yap’s inclusion of those apps, applications, or services within its App does not constitute Yap’s endorsement of or recommendation of any of those apps, applications, or services.   11. Term and Termination This Agreement will remain in full force and effect so long as the App is in operation.&nbsp. Yap may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to your violation of a term or condition of this Agreement.&nbsp. Any breach of your payment obligations or unauthorized use of the App, content, or services will be deemed a material breach of this Agreement. You agree and acknowledge that Yap has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach.   12. Disclaimer of Warranties   Yap disclaims any responsibility for any harm or liability arising out of or related to your use of the app or services or products purchased through the app. yap provides the app and the services and products provided through the app on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. some jurisdictions do not allow an exclusion of implied warranties. if you are located in such a jurisdiction, this exclusion may not apply.   Yap will not be held liable or responsible for any content posted on the app, including but not limited to any advice or marketing provided by any third party, any third party links posted on the app, or any content transmitted through the app. Yap is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, destruction of identity, unauthorized access to an account, or alteration thereof. Yap reserves the right to discontinue the app at any time.   Yap will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the app at any time.   13. Limitation of Liability   Yap will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the app or your use of products or services offered through the app, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punative damages, or exemplary damages. you understand and agree that the maximum amount that yap can be held liable to you under any circumstance is the amount that you paid, if any, for services purchased through the app, and in no case will that amount exceed $100. if no amount is paid by you to yap, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.   Some jurisdictions do not allow the exclusion or limitation of damages. if your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.   14. Indemnification   You agree to hold harmless, indemnify, and defend Yap, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App, your use or provision of any services or products purchased through the App, your reliance upon advice provided through the App, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.   Your obligation to defend Yap under the terms of this Agreement will not provide you with the right to control Yap’s defense, and Yap reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Yap.     15. Assignment   You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Yap may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the App.   16. Resolution of Disputes and Governing Law   This Agreement will be interpreted under and governed by the laws of the United Kingdom without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Yap or the App will be exclusively resolved through arbitration.   Severability If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.   No Waiver You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.   Notice Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to Yap Technology Limited, 28-29 North Luton Estate, Sedgewick Road, Luton, Bedfordshire, England, LU4 9DT, United Kingdom.   A copy of any such notice must be emailed to privacy@yapbooks.com, but email notice alone shall not comply with the notice requirements of this Agreement.   Schools Support Learn Chat Saying is believing Support Books Schools Spotlight