Terms of Service
Last updated: November 27, 2012.
These terms and conditions (for the sake of brevity, the "Conditions") govern access to the websites and mobile applications of Yelp that are linked to or refer to these Conditions (for the sake of brevity, the "Site") and also regulate the related use by users.
Access to or use of the Site by the user implies acceptance of these Terms and the conclusion of a legally binding contract with Yelp Ireland Ltd, a company incorporated under Irish law (for brevity, ("Yelp") .
If the user does not intend or is unable to be bound by these Conditions, the user must refrain from accessing the Site or using it.
DEFINITIONS
The party
The terms "you" and "yours" refer to you as a user of the Site.
By "user" we mean a person who accesses the Site, uses it with crawling or scraping techniques or other tools.
The pronoun "We", explicitly or implicitly, expressed in the various complements, and the possessive adjective "our", in the singular and plural forms, masculine and feminine, refer to Yelp.
Content
"Content" means text, images, photographs, audio clips, video clips, location data and all other forms of data or communication.
"Your content" means the content you submit or transmit to the Site, via the Site or in connection with the Site, including rankings, reviews, coupons, invitations, check ins, messages and information that you display or have publicly displayed in your profile of your account.
"User content" means the content that users send or transmit to the Site, through the Site or in relation to the Site.
"Yelp Content" means the content we create and make available in connection with the Site.
"Third party content" means content produced by parties other than Yelp or its users, made available in connection with the Site.
"Site Content" means all Content made available in connection with the Site, including Your Content, User Content, Third Party Content and Yelp Content.
CHANGES TO THE CONDITIONS OF USE
We reserve the right to make changes and updates to these Terms.
The most current version of these Terms can be found here.
The user acknowledges and agrees that access to the Site or use of the same are governed by the Conditions in force at the time of accessing the Site or using it.
If we make substantial changes to these Conditions, we will notify you by e-mail or by posting a notice on the Site before the effective date of the same.
It will also be our responsibility to indicate at the top of this page the date on which the latest revisions were made.
The user is invited to regularly consult these Conditions, as the updated versions will be considered binding.
Any such changes will come into force on the date of publication of the new conditions.
The user acknowledges and agrees that by continuing to access the Site or use it after the changes made to the Conditions come into force, he implicitly declares to accept such changes.
TRANSLATION
We reserve the right to translate these Terms into other languages ​​for your convenience.
However, the relationship between you and Yelp is governed by the English language version and in the event of any discrepancies between the different versions, the English language version will prevail.
USE OF THE SITE
Access criteria
To access the Site or use the Site, you must be over the age of eighteen and have the necessary capacity and authority to sign these Conditions.
Access to the Site or its use are prohibited to competitors or to users who in the past we have prohibited from accessing the Site or closed their account.
Permission to use the Site
Yelp grants you permission to use the Site within the limits set forth in these Terms.
You use the Site at your own risk, including the risk of being exposed to offensive, obscene, incorrect, objectionable or otherwise inappropriate content.
Availability of the Site
The Site can be modified, updated, interrupted, suspended or discontinued at any time without notice or without being legally punishable.
User account
To use some of the functions offered through the Site, it is necessary to create an account and provide a series of personal data.
The user has a duty to keep his account password secret.
The user is also responsible for all activities carried out in relation to his account.
The user declares to inform us promptly of any unauthorized use of his account.
We reserve the right to terminate your account at any time and for any reason.
The user's account is intended for personal and non-commercial use only.
During the creation process, the user is asked to provide complete and correct personal data, in order to support his credibility as an active component of the Site.
It is forbidden to impersonate other people (e.g .:
adopt the identity of a celebrity or a neighbor), create or use an account for a person other than the user, provide an e-mail address other than your e-mail address or create multiple accounts.
If you use a pseudonym, remember that there is still the possibility of being identified if, for example, you enter identification data in your reviews, use the same account data on other sites or allow other sites to share with Yelp their personal data.
For more information, please read our Privacy Policy.
Communications from Yelp and other Users
By creating an account, the user agrees to receive certain communications relating to the Site.
For example, the user may receive vouchers or friend requests from other users.
You will also receive our weekly newsletter on events taking place in your area by e-mail.
To opt out of receiving non-essential communications, please click here.
CONTENT
Responsibility for own content
The responsibility for its content, which, once published, cannot be withdrawn, is the sole responsibility of the user.
The user assumes all risks associated with their content, including the trust placed therein by any person as to the quality, correctness or reliability of the information provided, or any disclosure by the user of the information provided in their own content that make the user personally identifiable.
The user declares to possess or have the necessary permissions to use its content and to authorize its use in compliance with the methods described in these Conditions.
You should not assume that your content is sponsored or authorized by Yelp in any way.
The user can be legally prosecuted if, for example, its content contains false, intentionally misleading or defamatory material, if it violates any third party rights, including copyright, trademark, patent, trade secret, moral right, privacy advertising or any other intellectual property or proprietary rights, if it illustrates illicit material, including illicit hate speech or pornography, if it exploits or otherwise harms minors, or if it infringes, or incites the violation of, any law or regulation.
Our right to use user content
We reserve the right to use your content in various ways, including by displaying it publicly, reformatting it, incorporating it into advertisements or other works, creating derivative works, promoting it, distributing it and allowing others to do the same contextually to their websites. and communication platforms ("Other Media").
In this sense, by virtue of these Conditions, the user irrevocably grants us the perpetual, non-exclusive, royalty-free, sub-licensable and transferable worldwide right to use its content for any purpose.
It is also specified that the user irrevocably grants the users of the Site and any other means of communication the right to access its content in relation to the use of the Site and any other means of communication.
Finally, the user irrevocably renounces, and arranges for others to renounce, to make claims and claims against Yelp and its users regarding moral rights or attributions relating to the user's content.
By "use" we mean using, copying, performing and publicly displaying, reproducing, distributing, modifying, translating, deleting, analyzing, marketing and preparing derivative works of your content.
Property
Regarding the relationship between the user and Yelp, the user is the owner of its content.
We own the Yelp content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, compilation of user content and other content. of the site, the computer code, the products, the software, the aggregate user review rankings and all the other elements and components of the Site, excluding the user content, the content of other users and the content of third parties.
We also own the copyrights, trademarks, service marks, and other intellectual and proprietary rights worldwide (the "IP Rights") associated with the Yelp content and the Site that are protected by copyright laws , corporate image, patents, trademarks, and all other intellectual and property rights and laws.
In this sense, you are prohibited from modifying, reproducing, distributing, publicly displaying or otherwise exploiting any Yelp content, in whole or in part, or creating derivative works or adaptations of such content, except as expressly authorized by us.
Except as expressly and uniquely indicated herein, we do not grant any express or implied rights and all rights in the Site and in relation to the Site and Yelp content are our property.
Advertising
Yelp and its licensors may publicly display advertisements and other information alongside or within user content.
The user has no right to any remuneration resulting from such advertisements.
The manner, manner and extent relating to the publication of advertising messages are subject to change without any notice due to the user.
Content feed
Part of the content of the Site ("Content Feed") is made available through the so-called Real Simple Syndication and Atom feed (for short, the "Feed").
The user may have access and use the Feeds so that they can be displayed on the user's computer, website or blog, (the "User's Site"), provided that (i) the use of the Feeds is exclusively intended for personal, non-commercial purpose, (ii) the Content Feeds are associated with links to relevant pages on the Yelp websites and attribute the origin of the Content Feeds to Yelp, (iii) the use or exposure of the Content Feeds do not suggest that Yelp promotes or supports any third party cause, idea, website, product or service, including your Site, (iv) you do not redistribute the Content Feeds, and (v) the use of Feeds does not overload the systems of Yelp.
Yelp reserves all rights related to the Content Feeds and may terminate them at any time.
To find out about other possible uses of the Feeds, select "Partnership" on our contact page here.
Various
User Content (including any content that may be created by users employed or contracted by Yelp) does not necessarily reflect the opinion of Yelp.
We reserve the right to periodically delete, block, modify or restore, at our sole discretion, for any reason or without any reason, the user's content without prior notice to the user.
For example, we reserve the right to delete a review if we believe it violates our Content Guidelines.
We are under no obligation to keep or provide you with copies of its content, nor do we guarantee any confidentiality in relation to it.
RESTRICTIONS
Yelp has no obligation to enforce these Terms on your behalf to another user.
In inviting the user to notify us of any violations of the Conditions by another user, we reserve the right, in our sole discretion, to carry out investigations and take appropriate measures.
You agree to refrain from, and not to help, encourage or allow others to use the Site for the purpose of:
Contravene our Content Guidelines, for example by writing a fake or defamatory review, negotiating reviews with other companies or paying someone or getting paid to write or remove a review
Violate any third party rights, including acts of violation of confidentiality rights, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights or any other intellectual property or proprietary rights;
Threatening, stalking, harming or harassing others or promoting forms of bigotry or discrimination;
Promote a company or other business or commercial event or otherwise use the Site for commercial purposes, except where such action is performed in conjunction with a Professional Account and as expressly permitted by Yelp
Send mass emails, surveys or other mass messages, whether commercial or not; take part in keyword spamming actions or in any case make attempts to manipulate the search results of the Site or the website of any third parties;
Induce minors to provide personal data or send or transmit pornographic material; or
Violate any applicable law.
You also agree to refrain from, and not to help, encourage or allow others to:
Contravene the Conditions;
Modify, adapt, appropriate, reproduce, distribute, translate, publicly display, sell, negotiate or otherwise exploit the Site or the content of the site (other than user content), or create derivative works or adaptations of the Site or content of the Site, except as expressly authorized by Yelp;
Use any robot, spider, site search / recovery application or other device, process or automated means to access, retrieve, use with scraping techniques or index any part of the Site or any content of the Site;
Reverse engineering any part of the Site;
Remove or modify any copyright notice, trademark or other proprietary rights notice on any part of the Site or on any material printed or copied from the Site;
Record, process or extract information relating to other users;
Access, retrieve or index any part of the Site for the purpose of creating or populating a searchable database relating to activity reviews;
Reformat or configure any part of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonably or disproportionately high load on Yelp's technological infrastructure or otherwise place an excessive load on the Site;
Making attempts to obtain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking techniques, password extraction or other means;
Use the Site or any content on the Site to transmit computer viruses, worms, defects, Trojan horses or other objects of a destructive nature (collectively, the "Viruses");
Use any device, software or routine that interferes with the correct functioning of the Site or in any case make attempts to interfere with the correct functioning of the Site;
Use the Site to violate the security of any computer network, crack passwords or encrypted security codes; compromise or interfere with the security of the Site or the content of the Site or otherwise damage them; or
Remove, circumvent, disable, damage or otherwise interfere with any function related to the security of the Site, functions that prevent or limit the use or copying of the content of the Site or functions that impose restrictions on the use of the Site.
The above restrictions apply only to the extent permitted by applicable law.
Notwithstanding the foregoing, you agree not to act in contravention of such restrictions (including where permitted by applicable law) without sending us 30 days written notice here, along with any information we may reasonably request in order to enable us to provide alternative remedies or in any case satisfy, at our sole discretion, the user's request.
GUIDELINES AND PRACTICES
Content guidelines
You represent that you have read and understood our Content Guidelines.
Privacy
You acknowledge that you have read and understood our Privacy Policy.
Note: We reserve the right to disclose information concerning you to third parties if we believe, in good faith, that such disclosure is reasonably necessary in order to (i) take measures relating to suspected illegal activities; (ii) implement or enforce our Terms and Privacy Policy; (iii) comply with legal process or other government investigations, such as search warrants, subpoenas, legal measures, legal proceedings or other subpoenas; or (iv) protect our rights, our reputation and our property or that of our users, our affiliates or the community.
If the user uses the Site outside the United States, the user consents to the transfer and processing of his personal data in the United States.
Copyright and trademark disputes
For information on copyright and trademark disputes, please see our Infringement Notice.
Events
For information relating to events listed on the site or which have links to the site, see our Terms and Conditions governing events.
The user declares to have read and understood these terms and conditions.
OFFERS AND ADVERTISING YELP
In the event that you purchase a Yelp Offer or a Yelp Gift Card, your terms of purchase will be governed by the Terms and Conditions applicable to Yelp Deals and Coupons.
Before making a purchase it is advisable to read these conditions, as they are subject to periodic changes.
In the event of any conflict between the General Conditions applicable to Yelp offers and coupons and these Conditions, the former shall prevail.
Similarly, if the user creates a business owner account on the Site or purchases advertising from Yelp, the Conditions applicable to advertising on Yelp will apply.
In the event of a conflict between the Terms applicable to advertising on Yelp and these Terms, the former will prevail.
TIPS AND IMPROVEMENTS
By sending us ideas, suggestions, documents or proposals ("Feedback"), you acknowledge the following: (i) your Feedback does not contain any confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality , expressed or implied, with respect to Feedback, (iii) a mechanism similar to Feedback may already be studied or in development at Yelp, and (iv) grants Yelp an irrevocable, non-exclusive, royalty-free, perpetual, license. worldwide for the use, modification, publication, distribution and sub-licensing of the Feedback, committing to irrevocably waive, and to ensure that others waive, make claims and claims against Yelp and its users in order to moral rights or attributions contained in such Feedback.
THIRD PARTIES
The Site may contain links to other websites or applications (respectively a "Third Party Site").
Yelp does not control or authorize any Third Party Sites.
You agree that Yelp is not responsible for the availability or content of such Third Party Sites.
The use of third party sites by the user is to be understood at the total risk of the latter.
Some of the services made available through the Site may be subject to additional disclosure obligations and third party or open source license conditions, including those listed here, which are to be considered an integral part of this document.
COMPENSATION
You agree to indemnify, defend and hold harmless Yelp, its parent companies, subsidiaries, affiliates and related companies, its suppliers, licensors and partners, as well as their respective officers, directors, employees, agents and representatives of (collectively, the "Yelp Subjects") from any claim or request made by any third party, including costs, liabilities, legal fees, deriving from, or relating to, the following actions by the user: (i) access to the Site or use of the same, (ii) violation of the Conditions of use, (iii) any products or services purchased or obtained by the user in relation to the Site or (iv) violation, also by third parties who use the user's account, of any intellectual property right or other right of any person or entity.
Yelp reserves the right, at your expense, to assume the sole defense and control of any circumstances in relation to which you are required to raise us and you agree to cooperate with our defense of such claims.
You also agree to refrain from resolving any such events without the prior written consent of Yelp.
Yelp undertakes to do everything in its power to notify you of any such requests, actions or proceedings once it becomes aware of them.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THE LIMITS OF LIABILITY OF YELP ENTITIES TO THE USER ARE EXCLUDED.
EACH OF THE PARAGRAPHS BELOW IS APPLICABLE EXCLUSIVELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
NONE OF THE PROVISIONS OF THESE TERMS ARE INTENDED TO LIMIT ANY RIGHTS OF THE USER WHICH MAY NOT BE LIMITED BY LAW.
IF YOU ARE IN DOUBT ABOUT THIS SECTION OR ANY OTHER SECTION CONTAINED IN THESE TERMS, PLEASE CONTACT A LEGAL ADVISER BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING THE SITE OR USING THE SITE YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS, INCLUDING THIS SECTION.
BY ACCEPTING THESE TERMS, YOU ARE WAIVING SUBSTANTIAL RIGHTS UNDER LAW.
THE SITE IS MADE AVAILABLE IN "STATE IN", "WITH ALL DEFECTS" AND "AS AVAILABLE", WITH THE EXPRESS UNDERSTANDING THAT YELP ENTITIES DO NOT HAVE THE RIGHT TO MONITOR, CHECK OR EXAMINATE USER CONTENT .
THEREFORE, USE OF THE SITE IS AT THE DISCRETION AND RISK OF THE USER.
YELP SUBJECTS DO NOT MAKE ANY CLAIM OR MAKE ANY PROMISE IN ORDER TO THE QUALITY, ACCURACY OR RELIABILITY OF THE SITE, OR TO THE SECURITY OR CONTENT OF THE SITE.
CONSEQUENTLY, THE YELP ENTITIES HAVE NO LIABILITY TO THE USER IN ORDER FOR ANY LOSS OR DAMAGE THAT COULD OCCUR, FOR EXAMPLE, AS A RESULT OF INACTIVITY, UNAVAILABILITY OR VULNERABILITY OF THE SITE ABOUT THE QUALITY, CORRECTNESS OR RELIABILITY OF THE ACTIVITY SHEETS, RATINGS, REVIEWS (INCLUDING THE CONTENT, ORDER AND DISPLAY OF THE SAME), OR THE PARAMETERS THAT ARE FOUND OR ARE USED ON THE SITE, OR THAT ARE AVAILABLE FROM THE SITE .
YELP ENTITIES DO NOT MAKE ANY CLAIM OR PROMISE RELATING TO THIRD PARTIES, SUCH AS FOR EXAMPLE THE COMPANIES OR ADVERTISERS LISTED ON THE SITE OR USERS OF THE SITE.
CONSEQUENTLY, THE YELP ENTITIES HAVE NO LIABILITY TOWARDS THE USER IN ORDER FOR ANY LOSS OR DAMAGES ARISING FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, BUT purely by way of example, the unlawful use of the content, or the OF THE USER BY ANOTHER USER OR ANOTHER COMPANY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE COMPANIES OR ADVERTISERS LISTED ON THE SITE.
THE PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT THE USER'S OPTION AND RISK.
YELP ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, EVEN WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED BY COMPANIES LISTED ON THE SITE AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO INFORMATION OR ADVICE GIVEN TO YOU ORALLY OR IN WRITING BY A REPRESENTATIVE OF ANY OF THE YELP ENTITIES CONSTITUTES A REPRESENTATION OR WARRANTY.
CANCELLATION AND INTERRUPTION OF ACCESS OR USE OF THE SITE REPRESENT THE ONLY AND SOLE RIGHT AND REMEDY IN THE EVENT OF DISSATISFACTION WITH THE SITE AND RELATED SERVICES, OR IN ORDER TO ANY OTHER FORM OF COMPLAINT.
THE MAXIMUM AGGREGATE LIABILITY OF YELP SUBJECTS TO YOU AS A RESULT OF LOSS OR DAMAGES SUFFERED BY THE USER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) ANY AMOUNT PAID TO THE SUBJECTS IN RELATION TO YELP SITE IN THE 12 MONTHS PRECEDING THE ACTION THAT GIVEN THE LIABILITY OR (ii) € 100.
THE YELP PARTIES DISCLAIM ANY LIABILITY IN ORDER TO ANY (i) INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY DAMAGES, ARISING FROM THE CONFIDENCE RETURNED IN THE COUNTERPART OR CONSEQUENTIAL, (ii) LOSS OF PROFITS, (iii) DAMAGES (iv) DAMAGES, IV. REPUTATION OR (v) LOSS OF INFORMATION OR DATA.
LAW AND JURISDICTION
These Terms, as well as any complaints, lawsuits or disputes that arise between you and Yelp (for the sake of brevity, a "Claim"), will be governed by Irish law, regardless of any conflict of law.
IN ORDER TO ANY CLAIMS SUBMITTED BY THE PARTIES, YOU AGREE TO SUBJECT TO THE EXCLUSIVE COMPETENCE OF THE IRISH COURTS IN DUBLIN.
TERMINATION
You may terminate the Terms at any time by closing your account, discontinuing use of the Site and providing Yelp with a termination notice here.
For more information on the procedures we apply when closing your account, see our Privacy Policy.
Yelp has the right to close the user's account, suspend his right to use certain parts of the Site and / or completely inhibit access to the Site by the user for any reason or without any reason and without notice or without be legally punishable.
Any such actions may prevent the user from accessing their account, the Site, the user content, the content of the Site or any other related information.
In the event of termination of these Conditions, both by us and by the user, points 1, 5, 6 and 10 to 14 of the same Conditions will continue to have full validity and effect, including our right to use the user content as described in point 5.
GENERAL CONDITIONS
We reserve the right, at our sole discretion, to modify, update or suspend the Site at any time, for any or no reason, and without notice or without being legally liable.
We reserve the right to send you communications, including those regarding changes made to the Conditions, by e-mail, by ordinary mail or through the Site.
Except as otherwise provided in the aforementioned point 10, no clause in these Conditions is intended or will be considered as an instrument capable of conferring rights or remedies to any third parties.
The Conditions represent the entire understanding between the user and us regarding the use of the Site and cancel and replace any previous understanding between the user and us regarding the matter regulated here.
The parties agree to refrain from relying on any declaration made but not expressly stated in these Conditions.
Any failure by Yelp to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
Failure to exercise, in relation to any circumstance, one of the parties of any right referred to in these Conditions does not constitute a waiver of any other right deriving from the Conditions themselves.
If any of the provisions of the Conditions prove to be inapplicable or invalid, only this provision will be modified in order to incorporate the intention of the parties or eliminated to the minimum extent necessary so that the Conditions can in any case continue to have full validity and effectiveness.
The user is not entitled to assign, transfer or sublicense the Conditions, and any rights and obligations set forth therein, without the prior written consent of Yelp, provided however that they may be assigned or transferred by Yelp without any restrictions .
Any attempted transfer by the user will be interpreted as a violation of these Conditions and will be considered null and void.
The headings of the paragraphs contained in these Conditions are provided for convenience only and have no legal or contractual effect.
Yelp Ireland Ltd.;
Registration number at the Companies Registration Office in Dublin: 484943; Irish VAT number: IE 9753764M; Headquarters: Yelp Ireland Ltd.,
70 Sir John Rogerson's Quay, Dublin 2, Ireland; Contact us