Date of last revision: 5 July 2021
BEFORE USING THE SOFTWARE AND/OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE AND/OR THE SOFTWARE YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND/OR THE SOFTWARE.
These are terms and conditions of use of website https://yippie.pro/ (“Site”) and the Software offered through. Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Software. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the person is registered as a User (as defined below in Definitions) or is using the site as a Visitor (as defined below in Definitions) without registration.
These Terms and Conditions may be changed or modified in whole or in portions at any time without further notice. Changes to these Terms and Conditions will be posted on the Site. It is your responsibility to review the Terms frequently and to remain informed of any changes to them. Your continued use of the Site and/or the Software after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Software. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
Owner:: the sole owner of intellectual property rights and other rights to the Software and the Site (“Yippie”, “we”, “our” or “us”).
End-User agreement: Agreement with User made by Owner which grants User a right to access and use Software through Site.
Site: The website located at the address https://yippie.pro/ (“Yippie”, “we”, “our” or “us”).
Software: Social networking web solution (including any and all upgrades, additions, enhancements, modifications, customization) obtained and/or developed, in whole or in part, by the Owner, which is accessible by the Users via the Site (“Yippie”, “we”, “our” or “us”).
Terms and Conditions: The present Terms and Conditions with their appendices and all further and subsequent supplements and amendments.
User: Any person/business who, after having registered for the Site and after accepting Terms and Conditions of use and/or conclusion of End-User agreement, is entitled to use Software through the Site (“you” or “your”as well as “client/customer”).
User’s Account or Account: The account resulting from a User’s registration on the Site, containing personal/corporate data including data with regard to the use of Software via the Site.
Affiliate: An Affiliate is any website that displays advertisements on behalf of an Advertiser. The terms Affiliate and Publisher can be used interchangeably.
Geographic location data: can either be precise (identifying the end user’s and visitor’s precise location) or imprecise (identifying the end user’s and visitor’s city or country). In Yippie we collect imprecise geographic data through IP address and/or wi-fi networks in the end user’s/visitor’s vicinity. We collect this data to help us provide more relevant advertisements and content to our clients (including former and potential clients) and to ensure we comply with country specific requirements as well as for our internal statistical purposes.
Cookies: are small text image files stored on your computer either temporarily or permanently to allow websites to recognize users, keep track of their preferences, to improve your experience on the website and to analyze your behavior on it.
The performance marketing software solution used for data retrieval, analyses, sorting, warehousing, processing and presentation as available to Users through the Site.
3.1. Requirements for the use of the Software and the Site
You need to register on the Site and to provide only accurate, complete, and up-to-date information. Each time, to access and use the Software via the Site, you shall be required to login by using your email and password as provided with your registration.
Except for the free features of the platform, you shall be charged for the access to the premium features of the Software as detailed in the End-User Agreement. You agree to pay the applicable fees and taxes to Owner (depends on who you concluded the End-User Agreement with). You are responsible for paying all applicable sales, use, transfer or other taxes, including withholding tax, and all duties including correspondent bank fees.
3.2. Use of the Software and the Site
You shall be allowed to (i) upload data to the Software; (ii) use Software to retrieve, arrange and store the data, (iii) download data from the Software, as provided in the End-User Agreement. With respect to the use of the Site/the Software, you are prohibited and you agree not to engage in (i) offenses against any individual and his privacy and (ii) the uploading of indecent materials or the use of the Site/the Software in any matter that is inconsistent with applicable laws or such as to injure Owner’s business reputation.
You agree that Owner are not responsible or liable for any data (including content and links) uploaded by you on the Site/the Software. Owner is entitled to remove from the Site any information. You use the Site/the Software at your own risk.
3.3. Communication and offers
Owner is entitled at any time to publish on the Site any proposals, to propose new services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, the latter shall prevail.
Support of two kinds shall be provided to the clients/customers under these Terms and Conditions:
(1) advice and consultations on the use of the Site and/or Software. Such support shall be delivered 24/7 via support request form on the Site;
(2) technical support, which requires access, modification or update of Software and/or access to Users’ data processed by Software.
Owner is entitled to collect fees from Users for the granted right (sub-license) to access and use the premium feature of the Software via the Site, according to the prices indicated in the End-User Agreement.
Yippie may use various billing service providers. When using such provider’s services, you agree to be subject to, and to comply with, the terms and policies of such provider. Yippie shall not be liable and/or responsible for any acts or omissions of such billing providers.
All payment conditions as well invoice issuing terms are indicated in the End-User Agreement.
All Users and Visitors acknowledge and agree that Owner is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Software and/or their compliance with applicable law.
Every User and Visitor is responsible and must comply with all applicable laws related to his/her use of the Site and the Software. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other companies/individuals.
You acknowledge and agree that the Owner is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a Visitor and/or User actions while using the Site and/or the Software. Only Visitor/User himself is responsible for his actions while using the Site and/or Software and his/her compliance with all applicable laws.
6.1. Users undertake the following: (i) when registering on the Site to provide true information, including his or her real name, company he/she represents, contact details; (ii) to sign up for the Site only once and not to create more than one Account (one Account per User); (iii) not to use the Site and/or Software for performance of unlawful actions or transactions or frauds; (iv) not to copy or to otherwise make an illegal use of information placed on the Site that was uploaded by Owner or any other third party; and (v) to ensure that all information provided is correct.
Users and Visitors undertake that, while using the Site and Software, they will: (i) not infringe property rights or personal non-property rights of Owner and/or any third parties (including intellectual property rights); (ii) not violate any applicable laws or regulations; and (iii) not upload any data that is contrary to law or contains any viruses or other computer programs or files that may (xi) interfere with the normal operation of the Site and/or Software, (xii) cause damage to the Owner and/or User or their property, or impede the User’s use of the Site or Software and the User’s computer.
You also agree and shall not to use the Site and/or the Software for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to, (i) not to use any hacking or cheating software or tools to obstruct, disrupt or interfere with the operation of the Site and/or the Software; (ii) not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or the Software, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site and/or Software; (iii) not to obtain or attempt to obtain any information from the Site and/or the Software, including email addresses or phone numbers of other account holders or other software data; (iv) not to use the Site and/or the Software for any illegal, obscene, offensive or immoral purpose.
Owner is not responsible for any Visitor’s/User`s behavior while using the Site or the Software. Visitors/Users are solely responsible for his/her use of Site and/or the Software, including the use by their employees or any unauthorized person.
Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Owner of any unauthorized use of their password or account or any other breach of security, and (ii) ensure that they exit from their account at the end of each session when accessing the Site/the Software. The Owner will not be liable for any loss or damage arising from your failure to comply with these obligations.
Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data (particularly, all data submitted during registration at the Site).
6.2. Representations and Warranties
When using the Site, you represent and warrant that you: (i) are 18 years old or older; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions, End-User Agreement and any other Site Rules; (iii) shall be fully and exclusively responsible for any use of the Site and/or Software; (iv) have the right to represent the legal entity on behalf of which you use the Site/Software and commit to payments on its behalf; (v) shall pay any and all taxes related to the use of the Site/Software; and (vi) shall promptly pay Owner for any paid Software pursuant to the fees and procedures specified in the End-User Agreement, and you understand that the non-performance of such obligations may result in an obligation to provide full compensation for any losses incurred by the Owner..
You agree that you are not entitled to collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent. You acknowledge and agree that you are prohibited from using Software/Site in violation of applicable laws and regulations.
You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization, or (b) that is defamatory, trade libelous, unlawfully threatening or harassing, pornographic, obscene or harmful to minors, racist, vulgar, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising, or (d) that contains any viruses, worms or any other software intended to damage or alter a computer system or data.
You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material that contains mass mailings or any form of “spam”.
Owner is entitled, at its sole discretion, to limit or terminate a User’s or Visitor’s right to use the Site and/or Software, including canceling a User’s Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site.
Owner shall have the right, at his sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User’s Account, as a result of which the User may be deprived of the right to use the Site or any of the Software.
Owner has the right (but is not required to), with an aim of restraining illegal activities, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. Owner, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users and Visitors.
Owner shall have the right at any time to (i) modify, update and change the Site and/or Software; (ii) remove or modify features, functionalities of the Site and/or Software; (iii) stop or terminate the Site / the Software entirely or in part; or (iv) rearrange any uploaded or posted information as long as such rearrangement does not affect Users’ data.
The operation and maintenance of the Site and the Software in terms of significant changes and major improvements shall be provided solely by the Owner.
Owner is entitled at any time to unilaterally terminate or suspend or transfer to third parties the Site and the Software, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
Data regarding the User and protection of rights. As the User, you hereby authorize Owner to transfer, process and store data enabling Owner to identify you. You hereby agree to the Owner using its own means to check whether you are using the Software/Site in accordance with the provisions of the Terms and Condition, the End-User Agreement and other Site Rules. You hereby issue your agreement to data being transferred, during communication between the Software/Site and Owner’s computer systems or those of its business partners, the purpose of which is to ensure functionality of and authorization to use the Software/Site and protection of Owner’s rights. Following your registration on the Site, Owner or any of its business partners shall be entitled to transfer, process and store essential data identifying you, for billing purposes and performance of the End-User Agreement, Terms and Conditions and other Site Rules.
Processing of personal data by us and/or our Affiliates, which is subject to General Data Protection Regulation 2016/679, on behalf/instructions of our clients for the purposes of granting right to access and use the Software under these Terms and Conditions and under the End-User Agreement, when concluded, must be additionally agreed by Yippie and its clients/customers in writing which shall be incorporated by reference into and made an integral part of these Terms and Conditions, unless the Client/customer has entered into an End-User Agreement with Yippie, in which case, it forms a part of such agreement).
Client/customer of Yippie (as a controller) acknowledges and agree that it shall inform its end-users about the processing of their IP addresses in their respective privacy policies. Please note that Yippie does not process full IP addresses from EEA users for tracking purposes.
9.1. Site Content
The contents of the Site/Software, such as text, graphics, images, trademarks, service marks, logos and other material, (collectively “Content”), are protected by copyright and other intellectual property laws and are owned by the Owner. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, create derivative works or otherwise use or exploit the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
9.2. Limited warranty
The Content may contain inaccuracies or typographical errors. Owner makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Software. The use of the Site, the Software and the Content is at your own risk. Changes are periodically made to the Site / the Software and may be made at any time.
OWNER DO NOT WARRANT THAT THE SITE AND/OR THE SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE, THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. OWNER DO NOT WARRANT AND DO NOT GUARANTEE THE ABSENCE OF ERRORS AND FAILURES IN THE OPERATION OF THE SITE AND/OR SOFTWARE, INCLUDING THE CORRECTNESS OF WORK OF THE SOFTWARE AND AVAILABILITY OF THE SYSTEM. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWNER IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, SOFTWARE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES.
9.3. Limitation of Liability
IN NO EVENT SHALL OWNER, THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO THE CLIENT AND/OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, INCLUDING THOSE RESULTING FROM LOSS OF PROFITS, USE AND/OR DATA, BUSINESS INTERRUPTION, THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE AND THE CONTENT), WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
8.2. LIMITATION ON AMOUNT OF LIABILITY. THE MAXIMUM AGGREGATE LIABILITY OF OWNER TO THE CLIENT FOR ALL DIRECT DAMAGES ARISING FROM THE SITE, THE SOFTWARE AND THE CONTENT IS LIMITED TO THE AMOUNT PAID BY THE CLIENT TO OWNER HEREUNDER DURING SIX MONTHS PRECEDING THE DATE OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Owner its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Software or the Content or your breach of these Terms and Conditions. Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding.
9.5. User Submissions
All information and data uploaded by the User or retrieved, processed by the Software on behalf of the User shall remain the property of the User. User’s shall have a right to download, retrieve, copy, duplicate any of his data as stored on the Site or in/by the Software.
Owner has the right to use the trademark (service mark) or the User’s logo, as well as its name by posting on the Owner’s service and in promotional materials during the term of the End-User Agreement and for a period of three (3) years after the termination of the End-User Agreement.
9.6. Links to Other Sites
The Site may contain links to third party websites. Owner is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party website, you do so at your own risk.
These Terms and Conditions are governed by the laws, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the End-User Agreement.
If there is a conflict between these Terms and Conditions, End-User Agreement and the Data Processing Addendum, the terms of the Data Processing Addendum shall control.