Terms of Services

1. Relationship with Yappie

  1. Your use of the Yappie website (the "Website") and any Yappie products, software, data feeds and services provided to you on or from or through the Website by Yappie (collectively the "Service") is subject to the terms of a legal agreement between you and Yappie. "Yappie" means Popcast Ltd, whose principal place of business is at 10 Portland Business Centre, Manor House Lane, Datchet, Slough, Berkshire, SL3 9EG.
  2. The Terms form a legally binding agreement between you and Yappie in relation to your use of the Service. It is important that you take the time to read them carefully.
  3. The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on access through or contribute to the Service.

2. Accepting the Terms

  1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
  2. You can accept the Terms by simply using the Service. You understand and agree that Yappie will treat your use of the Service as acceptance of the Terms from that point onwards.
  3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Yappie, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
  4. You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

  1. Yappie reserves the right to make changes to the Terms, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms. Yappie will ensure that any Modified Terms and changes are posted publicly, for example by sending all users messages or by way of a public post on the Website.

4. Yappie Accounts

  1. In order to access some features of the Website or other elements of the Service, you will have to create a Yappie account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Yappie account password secure and confidential.
  2. You must notify Yappie immediately of any breach of security or unauthorised use of your Yappie account that you become aware of.
  3. You agree that you will be solely responsible (to Yappie, and to others) for all activity that occurs under your Yappie account.

5. General restrictions on Use

Yappie hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a material breach of these Terms on your part:

  1. You confirm that you are aged 13 or over.
  2. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Yappie's prior written authorisation, unless Yappie makes available the means for such distribution through functionality expressly offered by the Service;
  3. You agree not to alter or modify any part of the Website or any of the Service (and its related technologies);
  4. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
    1. You agree not to use the Service for any of the following commercial uses unless you obtain Yappie's prior written approval:
    2. The sale of access to the Service
    3. The sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
    4. The sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Yappie appears on the same page and is of sufficient value to be the basis for such sales
  5. Prohibited commercial uses shall not include (i) uploading an original audio file to Yappie, (ii) using the Service or the Website in order to promote a legitimate business or artistic enterprise; and (iii) any use that is expressly authorised by Yappie in writing;
  6. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that interacts with Yappie (and Amazon) servers in a given period of time more than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser
  7. You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Yappie account names);
  8. You agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  9. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
  10. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Yappie or the respective licensors of the Content.

6. Termination and Variation of Services

  1. Yappie is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Yappie provides may change from time to time without prior notice to you.
  2. As part of this continuing innovation, you acknowledge and agree that Yappie may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Yappie's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Yappie when you stop using the Service.
  3. You agree that you are solely responsible for (and that Yappie has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Yappie may suffer) of any such breach.

7. Copyright Policy and Content

  1. As a Yappie account holder you may submit Content. You confirm by using the service that you understand that whether or not Content is published, Yappie does not guarantee any confidentiality with respect to Content.
  2. You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Yappie and other users of the Service. These are described in section10 (Rights You Licence).
  3. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Yappie does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Yappie expressly disclaims any and all liability in connection with Content to the maximum extent permissible at statute and common law.
  4. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Yappie to use your Content for the purposes of the provision of the Service by Yappie, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
  5. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Yappie to use or possess in connection with the provision of the Service.
  6. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Yappie the licence referred to in section10 below.
  7. On becoming aware of any potential violation of these Terms, Yappie reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
  8. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Yappie with respect to any such Content to the maximum extent permissible at Statute and Common Law. Your sole remedy in relation to any Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you is to stop using the service.
  9. Yappie provides free and open access to our Service for non-commercial purposes. However, for uses of the Service over a certain rate or for certain types of commercial applications, Yappie reserves the right to charge fees for future use of or access to the Service.

8. Rights you licence

  1. When you upload or post Content to Yappie, you grant:
    1. to Yappie, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Yappie's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
    2. ito each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
    3. the above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in section10 above.

9. Yappie content on the Website

  1. With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Yappie, and is subject to copyright, trade mark rights, and other intellectual property rights of Yappie or Yappie's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Yappie or, where applicable, Yappie's licensors. Yappie and its licensors reserve all rights not expressly granted in and to their Content.

10. Links from Yappie

  1. The Service may include hyperlinks to other web sites, apps, services and data that are not owned or controlled by Yappie. Yappie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
  2. You acknowledge and agree that Yappie is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. You acknowledge and agree that Yappie is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  4. Yappie encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

11. Exclusion of Warranties

  1. Nothing in the Terms shall affect any statutory or common law rights where applicable that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. Yappie encourages you to familiarise yourself with such rights contained in the Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection Act 1987. For users outside the United Kingdom, you should familiarise yourself with parallel rights in your jurisdiction.
  2. The Service is provided "as is" and Yappie makes no warranty or representation to you with respect to them.
  3. In particular Yappie does not represent or warrant to you that:
    1. your use of the Service will meet your requirements,
    2. your use of the Service will be uninterrupted, timely, secure or free from error,
    3. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
    4. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
  4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

12. Limitation of Liability

  1. Subject to the overall provision in section11 above Yappie shall not be liable to you for:
  2. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  3. any loss or damage which may be incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
    2. any changes which Yappie may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
    3. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
    4. your failure to provide Yappie with accurate account information;
    5. your failure to keep your password or Yappie account details secure and confidential.
  4. The limitations on Yappie's liability to you in this section and section 13 above shall apply whether or not Yappie has been advised of or should have been aware of the possibility of any such losses arising.

13. General legal terms

  1. The Terms constitute the whole legal agreement between you and Yappie and govern your use of the Service and completely replace any prior agreements between you and Yappie in relation to the Service. All other terms of service that Amazon Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
  2. You agree that Yappie may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
  3. You agree that if Yappie does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Yappie has the benefit of under any applicable law), this will not be taken to be a formal waiver of Yappie's rights and that those rights or remedies will still be available to Yappie.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  5. You acknowledge and agree that each member of the group of companies of which Yappie is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
  6. The Terms, and your relationship with Yappie under the Terms, shall be governed by the courts of England and Wales. You and Yappie agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Yappie shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

14. Data Protection Policy: Making a Subject Access Request

  1. Under the Data Protection Act 1998 you are able to make a subject access request. Please forward all requests to: 56 Kew Road, Richmond, Surrey, TW9 2PQ. You can also e-mail any requests to contact@yappie.com.

15. Copyright Infringement Notices

  1. Yappie takes all reports of Copyright infringement seriously. We have a policy for reviewing and responding to notices of infringement within 60 days. Please file all requests at: 56 Kew Road, Richmond, Surrey, TW9 2PQ. You can also e-mail any notices to contact@yappie.com.

16. Yappie Registration and Company Details

  1. Yappie is a trading name of Podcast Ltd, Registered at 10 Portland Business Centre, Manor House Lane, Datchet, Slough, Berkshire, SL3 9EG.

17. Guide to Copyright for Users

Yappie is a platform for fun, easy voice sharing, which allows you to record audio that's less than 60 seconds. There may be instances where users wish to upload musical content. You are reminded that if you choose to use the service in this manner, you must be aware of the legal issues involved and ensure that you are not infringing the copyright of others. Yappie takes copyright infringement seriously, and you are reminded to refer to the Terms and Conditions in this regard. Below is some information to assist you in complying with these terms. The information below is purely illustrative, and does not constitute legal advice. We recommend that you always seek legal advice when you encounter Intellectual Property issues.

Which types of work are subject to copyright?

When a person creates an original work that is fixed in a physical medium, he or she automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including:

  • - Audiovisual works, such as TV shows, movies, and online videos
  • - Sound recordings and musical compositions

Is it possible to use a copyright-protected work without infringing?

In some limited circumstances, it is possible to use a copyright-protected work without infringing the owner’s copyright. This is referred to in the United Kingdom as “Fair Dealing” or “Fair Use”. It is important to note that your 60 second Audio upload can still be affected by a claim of copyright infringement, even if you have given credit to the copyright owner, used the work in a not-for-profit capacity, noticed similar audio or other mediums that appear on Yappie or other sites such as YouTube, purchased the content on iTunes, a CD, or DVD, recorded the content yourself from TV, a cinema, or the radio. In addition, stating that “no copyright infringement is intended” does not stop you infringing Copyright.

Some content creators choose to make their work available for reuse with certain requirements. For more about this, you may wish to learn about the “Creative Commons license”.

What is Fair Dealing?

In English and Welsh copyright law, there is a concept of “fair use”, also known as; free use, fair dealing, or fair practice. Fair use sets out certain actions that may be carried out, but would not normally be regarded as an infringement of the work.

The idea behind this is that if copyright laws are too restrictive, it may stifle free speech, news reporting, or result in disproportionate penalties for inconsequential or accidental inclusion.

What does Fair Dealing allow?

Under fair use rules, it may be possible to use excerpts, where the work has been made available to the public, (i.e. published). Provided that:

The use is deemed acceptable under the terms of fair dealing.

That the excerpt material is justified, and no more than is necessary is included.

That the source of said excerpt material is mentioned, along with the name of the author.

What is incidental inclusion?

This is where part of a work is unintentionally included. A typical example of this would be a case where a user upload inadvertently captured part of a copyright work, such as some background music.

Points to keep in mind when using Yappie.

The actual specifics of what is acceptable will be governed by national laws, and although broadly similar, actual provision will vary from country to country.

Cases dealing with fair dealing can be complex, as decisions are based on individual circumstances and judgements.

To avoid problems, if you are in any doubt, you are advised to always get the permission of the owner, prior to use. If you are unable to do this, you must refrain from uploading the audio data.

#606 - Randall Carlson

Feb 4, 2015 - 3:09:16

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