Terms of Use
Last updated on November 27, 2012.
These terms and conditions (the "Terms") govern your access to and use of Yelps websites and mobile applications that refer to or refer to these Terms ("Website").
By accessing or using the website, you agree to be bound by these terms and conditions and enter into a legally binding contract with Yelp Ireland Ltd, a company incorporated under Irish law (“Yelp”).
Do not access or use the website if you do not want to or are unable to comply with the terms.
DEFINITIONS
Parties
“You” and “your” refer to yourself as a user of the website. "
"User" means all persons who access, browse, search for information or otherwise use the website. "
We, "" us, "and" our "refer to Yelp.
Content
"Content" is text, images, photos, audio and video files, location information and all other forms of information or communication. "
Your Content "means content that you post or transmit through or in connection with the Website, such as reviews, posts, recommendations, invitations, check-ins, messages and information that is displayed publicly or on your account profile.
“User Content” means content that users post or transmit through or in connection with the Website. "
“Yelp Content” means content that we create or provide in connection with the Website. "
Third Party Content ”means content that originates from other parties (other than Yelp) or their users and is made available in connection with the website. "
Website Content ”means all content made available in connection with the Website, including Your Content, User Content, Third Party Content, and Yelp Content.
MODIFICATION OF THE TERMS OF USE
We are entitled to change the conditions from time to time.
The current version of the terms can be found here.
You understand and agree that your access to or use of the website is subject to the terms and conditions in effect at the time you access or use the website.
If we make changes to these terms, we will notify you prior to the effective date of the changes by email or by posting a notice on the website.
We also indicate the date of the last changes at the top of this page.
You should visit the Terms and Conditions page regularly as you are bound by compliance with the amended versions.
Any such changes will be effective after the new terms are posted.
You understand and agree that by continuing to access or use the site after the changed terms are posted, you are declaring your consent to the change.
TRANSLATION
We are authorized to translate these terms and conditions into other languages ​​for you.
However, your relationship with Yelp is based on the English version.
In the event of contradictions between the different versions, the English version takes precedence.
USE OF THE WEBSITE
authorization
You must be at least 18 years of age, have the required authority and meet the requirements to accept these terms.
Competitors and people whom we have excluded or whose accounts we have closed are not permitted to access or use the site.
Permission to use the website
We allow you to use the website within the limits of these terms.
Use of the website is at your own risk, including the risks arising from offensive, indecent, inaccurate, objectionable or other inappropriate content.
Website availability
The website can be changed, updated, interrupted and temporarily or permanently discontinued at any time without notice or assumption of liability.
User accounts
You need to create an account and provide certain personal information in order to use some of the functions offered through this website.
You are responsible for keeping your account password confidential.
You are also responsible for all actions taken in connection with your account.
You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to close your account at any time with or without justification.
Your account is an account that is for your personal, non-commercial use only.
When you create your account, you will be asked to provide complete and accurate information about yourself in order to establish your credibility as a member of the site.
You may not impersonate other people (for example, the identity of a famous person or that of your neighbor), create or use accounts for other people, provide any other than your own email address, or create multiple accounts.
If you use a pseudonym, you should be aware that others can still identify you if, for example, you provide information in your posts that refer to you, use the same account information on other websites, or consent to other websites sharing information about you Pass them on to Yelp.
Please see our privacy policy for more information.
Notifications from Yelp and other users
By creating your account, you consent to some exchange of information relating to the website.
For example, you can receive recommendations or friend requests from other users.
You will also receive our weekly email newsletters to keep you updated on what's new in your neighborhood.
You can unsubscribe from non-essential notifications here.
CONTENT
Liability for your content
You are solely responsible for your content and content that has already been published cannot always be withdrawn.
You bear all risks in connection with your content, including those risks that arise from its use in reliance on its accuracy, completeness or reliability or that result from the disclosure of personal information in your content and revealing your identity.
You affirm that you are the owner of your content within the meaning of these conditions or that you have the necessary rights to use it and to authorize its use.
You must not give the impression that Yelp is promoting or endorsing your content in any way.
You may be held liable if, for example, your content contains false, intentionally misleading or defamatory material, infringes the rights of any third party, including infringement of any copyrights, trademarks, patents, trade secrets, moral rights, personal rights, publication rights or other proprietary or intellectual property rights, illegal material Contains, including illegal hate speech or pornography, exploits or otherwise harms minors, or violates or supports any law or policy.
Our rights to use your content
We have the right to use your content in various ways.
This includes, among other things, publicly displaying them, reformatting them, integrating them into advertisements and other works, creating derivative works from them, promoting them, distributing them and approving them to others, on their own websites and media platforms ("Other Media"). ) to do the same.
In this sense, you irrevocably grant us worldwide, perpetual, non-exclusive, free, sublicensable, transferable and unrestricted usage rights for your content.
In addition, you irrevocably grant users of the website and other media the right to access your content when using the website and other media.
Finally, you irrevocably waive all legal claims and assertions against Yelp and its users based on moral rights or rights of the author's designation with regard to your content.
By "use" we mean copying, publicly playing and displaying, duplicating, distributing, changing, translating, removing, analyzing, commercializing and creating derivative works of your content.
Property rights
As part of the relationship between you and Yelp, you are the owner of your content.
We own the Yelp content, in particular the visual interfaces, interactive functions, graphics, design, our compilation of user content and other website content, the computer code, the products, the software, all reviews of user contributions and all other elements and components the website, excluding your content, user content and third party content.
We also own the worldwide copyrights, trademarks, service marks, trade names, and other property rights and intellectual property rights ("IP Rights") pertaining to the Yelp Content and the Service, and by copyright, trade forms, patents, trademark laws, and all others applicable property rights and intellectual property rights are protected.
Therefore, you are not authorized to change, reproduce, distribute, derive works or adaptations from the Yelp Content in whole or in part, show it publicly or use it in any other way, unless this has been expressly approved by us .
Unless expressly and clearly stated here, we do not grant you any express or tacit rights.
We own all rights to the website and the Yelp content.
advertising
Yelp and its licensees may publicly place advertisements and other information next to or in your content.
You are not entitled to any remuneration for such advertisements.
We reserve the right to change the manner and scope of such advertisements without prior notice.
Content feeds
Some of the page content (“feed content”) is made available by us via Real Simple Syndication and Atom feeds (“feeds”).
You can access and use the feeds to display feed content on your PC, website or blog ("Your Page") provided that (i) your use of the feeds is for personal, non-commercial purposes only; (ii) the display of your feed content is linked to the relevant pages of the Yelp websites and Yelp is identified as the source of the feed content; (iii) your use or display of the feed content does not imply that Yelp is of any concern Promotes or endorses any third-party ideas, websites, products or services, including yours, (iv) you do not redistribute the feed content, and (v) your use of the feeds does not overload Yelp's systems.
Yelp reserves all rights to the feeds and is entitled to stop the feeds at any time.
Select "Partnerships" here on our contact page to find out more about other options for using feeds.
miscellaneous
User Content (including that which may have been created by users employed or contracted by Yelp) does not necessarily reflect the opinion of Yelp.
We reserve the right, from time to time, at our sole discretion and without notice, to remove, review, edit and postpone User Content.
For example, we may remove a post if we believe it violates our content guidelines.
We are not obliged to keep copies of your content or make them available to you, nor do we guarantee the confidentiality of your content.
RESTRICTIONS
We are under no obligation to enforce the Terms on your behalf against any other user.
If you think another user has violated the terms, please feel free to let us know.
However, we reserve the right, at our sole discretion, to investigate and take appropriate action.
You agree not to use the website to do any of the following, or to assist, encourage, or enable others to do the following:
Violating our content policies, for example by creating a false or defamatory post, trading posts with other businesses, or paying or getting paid to write or remove a post;
Violation of the rights of third parties, including breach of trust, violation of copyrights, trademarks, patents, trade secrets, moral rights, personal rights, exploitation rights or any other proprietary or intellectual property rights;
Threatening, stalking, harming or harassing others, and inciting religious intolerance or discrimination;
Promote a business or other commercial project or event or otherwise use the Website for commercial purposes other than in connection with a business account and with the express permission of Yelp;
Sending spam, surveys or other mass messages, whether commercial or otherwise, engaging in keyword spamming or other attempts to manipulate search results on the service or a third party website;
Soliciting personal information from minors or posting or transmitting pornographic content; or
Violation of applicable law.
You also agree not to do the following, or to assist, encourage, or enable others to do the following:
Breach of terms;
Modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adapting, publicly showing, selling, trading or otherwise using the Website or the Website Content (other than Your Content), except as expressly approved by Yelp ;
Use any robot, web crawler, web search engine or other automatic device, process or means with the aim of accessing, retrieving, searching or indexing the website or any website content;
Reverse engineering of any part of the website;
Remove or change any copyright, trademark or other proprietary right notices from any part of the website or on any material printed or copied from this website;
Storing, processing or using information about other users;
Accessing, retrieving, or indexing any portion of the website to build or populate a searchable database of business posts;
Reformatting or redesigning any part of the website;
Take any action that, in our sole discretion, places an unreasonable or disproportionately large load on Yelp's technical infrastructure or otherwise creates excessive demand for access to the Website;
Attempts to gain unauthorized access to the website, user accounts, computer systems or networks in connection with the website by hacking, password mining or otherwise;
Use of the website or the site content for the transmission of computer viruses, worms, defects, Trojans or other harmful content (collective term "viruses");
Use of any device, software, or routine that interferes with the proper functioning of the Website or any other attempt to interfere in any way with the proper functioning of the Website;
Use the website to bypass the security of a computer network, to crack passwords or security encryption codes, to disrupt or impair the security of the website or the site content or to harm or in any other way
Remove, circumvent, deactivate, damage or otherwise interfere with security functions of the website, functions that prevent or limit the use or copying of website content and functions that limit the use of the website.
The above restrictions only apply to the extent permitted by law.
You nevertheless agree not to violate this (even to the extent permitted by law) without informing us in writing 30 days in advance and providing us with all the information we need to offer appropriate alternatives or to you according to our own To otherwise accommodate discretion.
GUIDELINES
Content guidelines
You confirm that you have read and understood our content guidelines.
privacy
You confirm that you have read and understood our privacy policy.
Please note that we may disclose information about you to third parties if we have a good faith belief that such disclosure is necessary to (i) take action against alleged illegal activity; (ii) enforce or apply our Terms and Privacy Policy; (iii) Comply with any legal process or other official request, such as a search warrant, subpoena, statute, legal process or other legal process to which we are obliged; or (iv) the rights, reputation and property of us, our users, our subsidiaries or the Protect public.
If you use the website outside of the USA, you consent to your data being transferred to the USA and processed there.
Copyright and Trademark Disputes
Please see our Copyright Infringement Policy for information on copyright and trademark disputes.
Events
Further information about events published or linked on the website can be found in our event terms and conditions.
You confirm that you have read and understood these terms and conditions.
YELP PROMOTIONS AND YELP ADVERTISING
When you purchase a Yelp Promotional Product or Gift Certificate, it is subject to the Yelp Promotional Product and Gift Certificate Policy.
Please read these carefully before purchasing the item as they may be changed from time to time.
In the event that there is a conflict between the Yelp Promotional Product and Gift Certificate Policies and these Terms, the Yelp Promotional Product and Gift Certificate Policies apply.
Likewise, the Yelp Advertising Agreement applies when you open a business account on the Site or purchase advertisements from Yelp.
If there is a conflict between the Yelp Advertising Agreement and these Terms, the Yelp Advertising Agreement shall prevail.
SUGGESTIONS AND SUGGESTIONS FOR IMPROVEMENT
By sending us ideas, suggestions, documents or suggestions ("Feedback"), you agree that (i) your feedback does not contain any confidential or proprietary information from third parties, (ii) we are not bound by any express or implied confidentiality obligation with regard to the feedback, ( iii) we may already consider or develop content comparable to the feedback; and (iv) you grant us an irrevocable, nonexclusive, gratuitous, perpetual, worldwide license to use, change, publish, distribute and sub-license the feedback and you irrevocably waive or cause to waive claims and assertion of moral rights against Yelp and its users in such feedback.
THIRD PARTY
The website may contain links to other websites or applications (each a "Third Party Website").
We neither control nor recommend third party websites.
You agree that we are not responsible for the availability or content of such websites.
Use of third party websites is at your own risk.
Some of the services made available through the website may be subject to additional license terms or information from third-party providers and open source providers, including those specified here and incorporated by reference into these Terms of Use.
DAMAGE CLAIMS
You agree that you will violate Yelp and its parent companies, branches, subsidiaries and affiliates, suppliers, licensors and partners, as well as officers, directors, employees, agents and their agents (collectively the “Yelp Organizations”) against any claims or Indemnify and protect third party claims, including costs, liabilities and legal fees, arising out of or relating to (i) access to or use of the Site, (ii) breach of the Terms, (iii) purchase of Products or services that you have received in connection with this site or (iv) the infringement of any intellectual property rights or other rights of any natural person or legal entity caused by you or a third party in the use of your account.
Yelp reserves the right, at your own expense, to defend and direct all matters that are subject to a claim for damages against you, and you agree to assist us in defending such claims.
You agree that under no circumstances will you reach an agreement on any matter without the prior written consent of Yelp.
Yelp will make every reasonable effort to notify you of any request, action, or action as soon as it becomes known to us.
DISCLAIMER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE LIABILITY OF THE YELP ORGANIZATIONS TO YOU.
EACH OF THE FOLLOWING SUB-SECTIONS APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NOTHING IN THIS IS INTENDED TO RESTRICT ANY RIGHTS THAT ARE NOT RESTRICTED BY LAW.
IF ANY UNCLOSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS AND CONDITIONS, PLEASE CONTACT LEGAL ADVICE BEFORE USING THIS WEBSITE.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO UNDERSTAND THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, INCLUDING THIS SECTION.
BY AGREEING TO THESE TERMS, YOU GIVE UP ESSENTIAL LEGAL RIGHTS.
THE WEBSITE IS PROVIDED BY US "AS IS", "WITH ANY DEFECTS" AND "AS AVAILABLE", EXPRESSLY REFERRED TO THAT THE YELP ORGANIZATIONS CANNOT MONITOR, CONTROL OR CHECK THE USER CONTENT.
IN THIS SENSE, THE SITE IS USED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.
THE YELP ORGANIZATIONS MAKE NO CLAIMS OR PROMISES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF THIS WEBSITE, ITS SECURITY, OR ITS CONTENT.
ACCORDINGLY, THE YELP ORGANIZATIONS ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY THE FAULTY FUNCTIONALITY, UNAVAILABILITY OR SECURITY GAPS IN THE WEBSITE OR.
OUT OF YOUR CONFIDENCE IN THE QUALITY, ACCURACY OR RELIABILITY OF THE TRADE LISTINGS, REVIEWS, REVIEWS, AND REVIEWS (INCLUDING THEIR CONTENT, ORDER AND DISCLOSURE) OR THE CRITERIA AVAILABLE ON THE WEBSITE BECOME, HAS BEEN ARRIVED.
THE YELP ORGANIZATIONS DO NOT HAVE ANY RESPONSIBILITY OR WARRANTY WITH REGARD TO THE CONDUCT OF THIRD PARTIES, OR FOR THE DEALERS OR ADVERTISERS LISTED ON THE SITE.
CONSEQUENTLY, THE YELP ORGANIZATIONS SHALL NOT BE LIABLE TO YOU FOR LOSSES OR DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF THIRD PARTIES, FOR EXAMPLE IF ANOTHER USER MISUSE OF YOUR CONTENT OR YOUR IDENTIFICATION OR ACCESSIBILITY HAVE FOUND THROUGH THE PAGE.
YOUR PURCHASE AND USE OF THESE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ARE MADE AT YOUR SOLE DISCRETION AND RISK.
THE YELP ORGANIZATIONS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR PRODUCTS OR SERVICES FROM DEALERS LISTED ON THE SITE, AND NO IMPLIED WARRANTIES REGARDING THE TERMS OF THE MARKETING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A REPRESENTATIVE OF ANY YELP ORGANIZATION SHALL CREATE A WARRANTY.
IF YOU ARE NOT SATISFIED WITH THE SITE, OR AFFILIATED SERVICES, OR HAVE ANY OTHER COMPLAINT, YOUR SOLE AND EXCLUSIVE RIGHT IS TO TERMINATE AND END YOUR USE OF YOUR SITE.
THE YELP ORGANIZATIONS 'MAXIMUM TOTAL LIABILITY TO YOU FOR ANY LOSSES AND DAMAGES YOU MAY IN CONNECTION WITH THE SITE OR ITS TERMS AND CONDITIONS IS LIMITED TO (i) THE AMOUNT USED BY YOU IN THE LAST 12 MONTHS BEFORE THE YELP ORGANIZATIONS HAVE BEEN PAID (IF APPLICABLE) OR (ii) € 100, WHICH AMOUNT IS MORE.
THE YELP ORGANIZATIONS EXCLUDE LIABILITY FOR (i) INDIRECT DAMAGES, SPECIAL AND ADDITIONAL DAMAGE CLAIMS, INCIDENTAL DAMAGES, PENALTY DAMAGES, CONFIDENTIAL DAMAGES, (iii) CONSEQUENTIAL DAMAGES, (iii) COMPLAINTS, (iii) OR CONSEQUENTIAL DAMAGES (iii).
CHOICE OF LAW AND JURISDICTION
These Terms of Use are governed by Irish law.
This also applies to any legal claim, claim, or dispute that may arise between you and Yelp (a "Lawsuit"), regardless of any conflict of law.
YOU AGREE THAT ANY ACTION BROUGHT BY EITHER OF THE PARTIES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND JURISDICTION OF DUBLIN, IRELAND.
TERMINATION
You can cancel the terms at any time.
To do this, all you need to do is close your account, stop using the site, and send a notice of cancellation to Yelp here.
Please read our privacy policy to find out what happens to your account after cancellation.
We have the right to close your account, with or without giving reasons and without notice or assumption of liability, to block the use of certain parts of the site and / or to exclude you from the website.
As a result, you may no longer be able to access your account, website, content, website content, or other related information.
In the event of termination by you or us, Sections 1, 5, 6 and 10-14 of these Terms of Use will remain in full force and effect, including our right to use your content as defined in Section 5.
TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to change, update or discontinue the site at any time with or without justification and without notice and assumption of liability.
We may send you notices and notify you of changes to the Terms by email, post or posting on the site.
Unless otherwise provided in Section 10 above, these Terms do not transfer any right or remedy to any third party.
The terms represent the entire agreement between you and us regarding the use of the site and replace all previous agreements between you and us.
The parties acknowledge that no representation is made that are not expressly contained in these terms and conditions.
Should Yelp fail to exercise or enforce any right or provision of the Terms, it shall not be construed as a waiver of such right or provision.
Failure by either party to exercise any right under these Terms shall not be construed as a waiver of any further rights hereunder.
If any provision of these terms and conditions is deemed to be unenforceable or ineffective, this provision will only be changed to the extent absolutely necessary so that it reflects the intent of the parties or restricts it to a minimum so that the remaining terms of use remain unaffected and fully effective.
You are not authorized to assign, transfer or sublicense the Terms and the rights and obligations arising therefrom without our prior written consent.
However, we have the right to assign and transfer these without restriction.
Any attempt at assignment by you constitutes a violation of these terms and conditions and is void.
The titles of the sections are for convenience only and have no legal or contractual effect.
Impressum
Yelp Ireland Ltd.,
70 Sir John Rogerson’s Quay, Dublin 2, Irland, AG Dublin; CRO nr: 484943; USt-IdNr.:
IE 9753764M; Legal Representative: L. Wilson; feedback@yelp.ie; Tel: +353. (0) 1.4863212