TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the services, including the websites and mobile applications (collectively, the “Service”) provided by Yes/No Inc., (a Delaware corporation, “Yes/No, Inc.” or “our” or “us” or “we”), and any content, information, or other material (collectively, “User Content”) that you post to the Service. This is important and affects your legal rights, so please read these Terms and our Privacy Policy carefully. If you do not agree to any of these Terms, please do not use the Service.

Basic Terms

The Services consist of features that allow users to create and transmit content, including but not limited to photos, text, and graphics (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.

The Service is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the Service.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Yes/No, Inc. is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to screen and delete User Content at any time and for any reason.

Your access to and use of the Service is conditioned on your acceptance of these Terms. When you access or use the Service, you represent and warrant that you have read and understood these Terms and our Privacy Policy, and acknowledge that they are a binding legal agreement between you and Yes/No, Inc. These Terms govern your noncommercial use of the Service, because the Terms expressly prohibit commercial use. If you want to inquire about commercial use of the Service, please contact us at hello@yesnoapp.co.

Modification to Terms

We reserve the right to modify these Terms at any time. The date of last modification preceded these Terms. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you should periodically review the most up-to-date version of the Terms, available at www.yesnoapp.co/terms-of-use. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.

Privacy

Your privacy is very important to us. It is important for you to understand how we collect and use personal information. Your privacy rights are set forth in our Privacy Policy, available at www.yesnoapp.co/privacy-policy and incorporated in these Terms by reference. Through your use of the Service, you are consenting to the collection and use of this information as set forth in the Privacy Policy. We reserve the right, as we reasonably believe is necessary, to access, preserve, and disclose any information to (i) satisfy any applicable law, legal process, or governmental request, (ii) enforce these Terms and investigate potential violations, (iii) detect, prevent, or otherwise address potential fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Yes/No, Inc., its users and the public. Yes/No, Inc. does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Use of the Service

You are not required to register to use the Service, but full access to the Service is only available to registered users. You can register an account with Yes/No, Inc. using your phone number. You must provide us with complete and accurate registration information and notify us if your information changes.

Yes/No, Inc. gives you a personal, non-commercial, worldwide, royalty-free, nonassignable, and non-exclusive license to use the software that is provided to you by Yes/No, Inc. as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by Yes/No, Inc., in the manner permitted by these Terms.

You are also responsible for all activity that occurs under your Yes/No, Inc. account, whether or not you authorized such activity. Yes/No, Inc. will not be liable for any loss or damage arising from your failure to safeguard your account or from allowing others to use your Yes/No, Inc. account.

Notwithstanding any other rights of Yes/No Inc. set forth herein, in appropriate circumstances we may disallow, reassign, or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.

Yes/No Inc. Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Yes/No, Inc. Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Yes/No, Inc. Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Yes/No, Inc. Content. This license is revocable at any time.

Restrictions on Content and Use of the Service

To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions:

You may not transmit User Content that:

  • Violates any rights of a third party, such as copyright, trademark, privacy, and publicity rights
  • Contains sexually explicit or pornographic content; however, artistic and nonsexual nudity is allowed
  • Contains content that is abusive, defamatory, derogatory, discriminatory, or harassing, or that incites hatred against any individual or group
  • Contains a direct and specific threat of violence to others
  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
  • Exploits minors
  • Depicts unlawful acts, extreme or real-life violence, or self-harm
  • Depicts cruelty towards animals
  • Constitutes spam
  • Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures
  • Violates any law or is otherwise in furtherance of an illegal activity

You may not engage in the following prohibited activities while accessing or using the Service:

  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yes/No, Inc.
  • Scrape the Service, or scrape User Content from the Service, without the express prior consent of Yes/No, Inc.
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information
  • Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Service of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service
  • We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.

Copyright Policy

Yes/No, Inc. will terminate the account and access rights of any repeat copyright infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Service infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA).

Account Security

After opening a Yes/No account, you accept all responsibility for any activity that occurs. You are responsible for making sure that you keep your account secure and safe. You agree that you will not do anything that might jeopardize the security of your account. Yes/No, Inc. will bear no responsibility for any such actions taken or any breach of or unauthorized use of your account information or messages.

When you first create a Yes/No account, we ask for your mobile number to verify your account. Please be aware that your carrier’s text messaging and data fees apply for mobile number verification.

Disclaimer of Warranties +

We endeavor to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, Yes/No DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Yes/No makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:

  • Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
  • Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content
  • Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service
  • Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis

No advice or information, whether oral or written, obtained from Yes/No, Inc. or through the Service, will create any warranty not expressly made herein.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YES/NO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, OR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
  • ANY CONDUCT OR USER CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  • ANY CONTENT OBTAINED FROM THE SERVICE; OR
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YES/NO EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID YES/NO, IF ANY, IN THE PAST SIX MONTHS

FOR THE SERVICES GIVING RISE TO THE CLAIM

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT YES/NO HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Applicable Law and Jurisdiction

The laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence will govern these Terms and any action related thereto. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts where Yes/No, Inc. is located, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, including our Privacy Policy and Copyright Policy, are the entire and exclusive agreement between Yes/No, Inc. and you regarding the Service, and these Terms supersede and replace any prior agreements between Yes/No, Inc. and you regarding the Service.

Waiver and Severability

The failure of Yes/No, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

International Use

Although the Service may be accessible worldwide, we make no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from territories where the contents of the Service are illegal is prohibited. If you choose to access this Service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable laws. Any offer for any product, service, or information made in connection with the Service is void where prohibited.

QUESTIONS & CONTACT

The Service is operated and provided by Yes/No, Inc. If you have any questions or comments regarding these Terms, please contact us via email or snail mail as follows

Address:
Yes/No, Inc.
4009 ½ Ocean Front Walk
Marina del Rey, CA 90292-4091 USA
Email: hello@yesnoapp.co
Thank you for reading our Terms!