Yack.net Terms of Service
This Terms of Service document, is an agreement you must accept in order to use The Yack.net Service (see Service Description), as provided by Yack Technology Ltd trading as Yack.net.
By accessing or using the Yack.net website, mobile clients, software or other applications provided through or in connection with this Service, you acknowledge that you have read, understand and agree to be bound by this TOS.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
1) Service Description
Yack.net, (the “Service”) facilitates real-time communication, messaging, archiving and search and is delivered via various websites including, but not necessarily limited to, https://yack.net and https://my.yack.net (the “Sites”), plus additional iOS and Android software applications, .
You will need to register with Yack.net and create a “Member” account. Your account gives you access to the Service.
Companies and other entities with paid price plans shall have one or more individuals (“Organization Admins”) appointed by owners of the Organization (“Organization Owners”), who are responsible for overseeing the use of, and monitoring the content posted to chatrooms by Members.
In addition, Organization Admins have certain administrative and managerial powers over their applicable Organization and Members on the Site, including, without limitation, the ability to remove Members (prohibiting them from using the Services), edit posts, remove content and add new Members. Organization Admins are solely responsible for the deletion of Members who should no longer have access to the Organization (e.g. who have left the company which owns the Organization). Authorized representatives of the Organization Owner may request that Yack.net shut down an Organization and the Users’ access to the Service at any time, and Yack.net will make all commercially reasonable efforts to comply.
The “Service” does not include The Content (as defined below).
Any modifications and new features added to the Service are also automatically subject to this TOS. Yack.net reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Yack.net.
2) Accessing and Using Yack.net
SUBJECT TO THIS TOS, YACK.NET ONLY GRANTS YOU A PERSONAL, NON-SUBLICENSABLE AND NON-EXCLUSIVE LICENSE TO USE THE OBJECT CODE OF ANY SOFTWARE SOLELY IN CONNECTION WITH THE SERVICE. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Yack.net is not available to persons under 13 years of age. Yack.net can terminate your account for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
By clicking the “I Agree” button or by otherwise subscribing to or using the Service you represent that you are at least 13 years of age.
Yack.net is not available to any members previously suspended or removed from the Service by Yack.net.
You may access and use the Service only for lawful, authorized purposes. You shall not misuse the Service in any manner (See Section 5 for detailed and specific provisions outlining prohibited uses of the Service). Organization Owners and Administrators shall be responsible for all actions by Members on their Organization.
You agree to comply with any codes of conduct, policies, storage limitations, or other notices Yack.net provides you or publishes in connection with the Service from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice.
You shall promptly notify Yack.net if you learn of a security breach related to the Service.
By providing Yack.net with your your email address you consent to Yack.net using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you real time notifications of updates to conversations in which you are currently participating. You may not opt out of Service-related emails, but you may configure your notification settings to you do not receive these real time updates. Yack.net will not pass on your email address or other personal information to any third parties.
3) Your data rights and responsibilities
“The Content” refers to any data and content you upload, post, transmit or make available via the Services. It includes, but may not be limited to, the text of messages you send, files you upload, profile information and anything else you enter or upload into the Service.
All users in a specific Organization should be aware that Organization Owners and Admins may have certain rights over The Content added to the Organizations they Own or Administer. This may include the right to access User accounts, view historic posts and obtain related information in connection with the Services. The Organization Admins also set policies regarding the use of various aspects of the Services, potentially including retention settings and the ability to preserve all communications in the account.
For its part, Yack.net will make commercially reasonable efforts to ensure that all facilities used to store and process the Content meet a high standard for security.
Yack.net requires that you grant us certain rights with respect to The Content in order for it to provide the Service to you. This includes the ability to transmit, store and copy The Content in order to display it in Yack.net, to build indexes so you can search for information and to make backups to prevent data being lost. Your acceptance of this TOS gives us the necessary permission, granting us solely any such rights necessary to provide the service to you, and for no other purpose. This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service. By agreeing to these Ts & Cs, you also agree that the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
If any members, Organization owners or Organization admins send us any feedback or suggestions regarding the Service, you grant Yack.net an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services.
4) User responsibilities and content
You are responsible for all activities occurring under your User Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
You are solely responsible for your interactions with other Yack.net Members. Yack.net reserves the right, but has no obligation, to monitor disputes between you and other Members. Yack.net shall have no liability for your interactions with other Members, or for any Members’s action or inaction.
Specifically you also agree not to:
- Post anything that exploits minors or depicts acts of animal cruelty;
- Publish any content that is unlawful or illegal, or violates the legal rights of other members, particularly concerning their privacy;
- Post messages that use racist or ethnically-abusive language;
- Publish content that uses obscene or sexually explicit language or images (real or simulated);
- Hack or otherwise amend the service to alter the published opinions of others;
- Make available content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit content that may be construed as unsolicited or unauthorized advertising or promotional materials (including junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation);
- Upload any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- Perform actions that place an unreasonable or disproportionately large burden on the infrastructure Yack.net uses to deliver the Service;
- Falsely state or otherwise misrepresent any affiliation with a person or entity;
- Use the Service to engage in any unlawful or illegal activities;
- Harvest/store personal data about other members;
- Make available content that you do not have a right to make available under any law, contractual or fiduciary relationship. This includes inside information and proprietary/confidential data learned or disclosed as part of employment relationships or under nondisclosure agreements;
- Sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a timeshare basis to any third party, unless specifically granted a license to do so by Yack.net;
This list of prohibitions provides examples and is not complete or exclusive. Yack.net reserves the right to terminate your access to your account and therefore your ability to access the service and also to refuse, delete or remove any Content; with or without cause and with or without notice, for any reason, or for any action that Yack.net determines is inappropriate or disruptive to the service or to any other user of it.
Yack.net may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Yack.net’s discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity using the service.
This agreement is effective until terminated. As a member you may leave Yack.net at any time using the leave function found in the tools to manage your account. You agree that, when leaving Yack.net, the messages and files you have uploaded are not necessarily deleted from the service but may remain visible to other users. Your personal details will be deleted when you leave.
Yack.net, at its sole discretion and for any or no reason, may decide to terminate any account (or any part thereof) you may have with Yack.net. In addition, Yack.net reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any Content. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Yack.net will not be liable to you or any third-party for such termination.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities.
6) Service Availability
The Service or some elements of it, may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control.
Yack.net shall use reasonable efforts to provide advance notice of any material scheduled service disruption.
For the free service, Yack.net is not required to provide any support or maintenance with respect to the Service.
7) Security and Protection of your data
You agree that Yack.net cannot guarantee that unauthorized third parties will never be able to defeat the measures we have put in place to protect your personal information. You understand that Internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide personal or sensitive information in order to use the Service, and that you provide any personal or sensitive information at your own risk.
8) Copyright Infringement
Although there is no requirement under UK law, it is our policy to comply with with notices of copyright infringement pursuant to the USA’s Digital Millennium Copyright Act.
If you believe that your rights as a copyright holder have been infringed please contact Yack.net with the following information:
- Your signature (assuming you’re the copyright holder or you’re authorised to act for the holder);
- Identification of the work that is infringed (or a representative list of such works), e.g., titles of your stories and URLs where they may be found;
- Identification of material that is infringing and which you wish to have taken down or blocked and enough information to allow the us to locate the material, e.g., an URL to the offending page;
- Ways for us to contact you, such as an address, phone number, and an email (best to include all three);
- A statement that you have a “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”; and
- A statement that “the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
9) No Warranty
THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND YACK.NET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YACK.NET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM YACK.NET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS
10) Limitation of Liability
YACK.NET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR CONTENT TO OR FROM YACK.NET. IN NO EVENT SHALL YACK.NET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF YACK.NET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
The Service is controlled and operated from Yack.net’s base in the United Kingdom. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.
You shall expressly indemnify Yack.net against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Yack.net arising out of or in connection with:
- (i) your use of and access to the Service, including any data or work transmitted or received by you;
- (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
- (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
- (iv) your violation of any law, rule or regulation of the United Kingdom or any other country;
- (v) any claim or damages that arise as a result of any of your Content or any that are submitted via your account;
- (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12) Entire Agreement/Enforceability
This Agreement, together with any other legal notices and agreements published by Yack.net via the Service, shall constitute the entire agreement between you and Yack.net concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The failure of Yack.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yack.net without restriction.
15) No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Yack.net’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact firstname.lastname@example.org with any questions regarding this TOS.
Yack Technology Ltd trading as Yack.net
Registered in England and Wales 10806639
Vat no 271454114
1 Oxford Road
2 Oak Drive