Regulations
Last updated: November 27, 2012
N
These terms and conditions (the "Terms") govern the access and use of Yelp's websites and mobile applications to which these Terms apply (the "Site").
By accessing and using the Site, you consent to these Terms and you will formally enter into a binding contract with Yelp Ireland Ltd.
registered in Ireland ("Yelp").
You should not go to or use the Website if you do not agree to the Terms.
DEFINITIONS
Entities
The pronouns "you" and "your" refer to the user of the Site. "
User "is a person having access to the Website, viewing its content, using the information contained therein, or using the Website in any other way.
The pronouns "we," "us," and "our" relate to Yelp.
Contents
The term "content" includes text, images, photos, audio and video recordings, location data, and all other types of data or communication.
The term "Your Content" means content sent or transmitted to, through or in connection with the use of the Site, such as ratings, reviews, praises, invitations, registrations, messages and information displayed publicly in a user's account profile.
"User Content" means any content that is sent or transmitted to, through or in connection with your use of the Site.
"Yelp Content" means content that is created by Yelp and hosted on the Site.
"Third Party Content" means content provided on the Site from persons other than Yelp or related users.
"Site Content" means all content provided on the Site, including your content, user content, third party content and Yelp content.
CHANGES TO THE TERMS OF PROVIDING SERVICES
The terms and conditions may be changed from time to time.
The most current version of these Terms will be located here.
You understand and agree that your access to or use of the Site is governed by the Terms in effect at the time you access or use the Site.
If we make material changes to these Terms, we will notify you by email or by posting a message on the Site before they become effective.
The date when the changes were last made will also appear at the top of this page.
It is recommended that you review these Terms and Conditions regularly as amended versions become binding.
Any such modifications will be effective upon posting of the new Terms.
You understand and agree that your continued access to or use of the Site after such modifications to the Terms come into force must be accepted.
TRANSLATIONS
For your convenience, these Terms may be translated into other languages.
However, the English version governs your relationship with Yelp, and any inconsistencies between different language versions will be resolved in favor of the English version.
USE OF THE SITE
Permissions
You must be at least 18 years of age to access or use the Site and have the necessary powers of attorney and authority to act as a contracting party under these Terms.
Access to or use of the Site may be prohibited by competitors of Yelp or those who have previously been banned from accessing the Site or their account has been terminated.
Permission to use the Website
We grant permission to use the Website within the scope of these Terms.
Use of the Website is at your own risk, which includes the risk of exposure to content that is offensive, indecent, inappropriate, unacceptable or otherwise deemed inappropriate.
Site Availability
The website may be modified, updated and its operation suspended or interrupted at any time without notice or liability.
User accounts
In order to be able to use some of the features offered on the Website, you must create an account and provide certain information about yourself.
You are responsible for keeping your account password confidential.
He is also responsible for all account-related activities.
You acknowledge that you will immediately notify Yelp of any unauthorized use of your account.
Yelp reserves the right to close your account at any time for any reason.
The account is for personal, non-commercial use only.
When creating it, it is necessary to provide complete and accurate information about yourself, which will increase the credibility of the user as a person developing content published on the Website.
It is forbidden to impersonate another person (e.g.
impersonating a public person or a neighbor), creating or using another person's account, providing another person's email address, and creating multiple accounts.
When using a pseudonym, please note that other users will be able to identify you if, for example, you include identifying information in reviews, use the same account information on other sites, or allow other sites to share information with you. about Yelp.
Please see the Privacy Policy for more information.
Communicating with Yelp and other users
By creating an account, you consent to receive certain messages related to the use of the Website.
For example, you may receive praise or friendships from other users.
You will also receive our weekly electronic newsletter (newsletter) with information on local events.
You can opt out of receiving redundant messages here.
CONTENTS
Responsibility for your content
You are solely responsible for your content, which may not always be withdrawn once posted.
The user bears all kinds of risk associated with its content, including being aware that the actions of other people may depend on the quality, accuracy or reliability of such content, and that the provision of certain information in it may reveal the user's identity.
The User declares that he is the owner of the content or has the necessary rights to use it and to authorize other people to use it, to the extent described in these Terms.
You cannot assume that your content is sponsored or endorsed by Yelp in any way.
You may be held liable if, for example, your content contains false, intentionally misleading or defamatory material; infringe the rights of third parties, including copyrights, trademarks, patents, trade secrets, moral law, the right to privacy, the right to publish or any other intellectual property rights or proprietary rights; contains illegal material, including illegal hate speech or pornography; are directed against or harm minorities; violate other laws or regulations or call for their breach.
Yelp's Right to Use User Content
We may use your content in a variety of ways, including publicly displaying it, reformatting it, placing it in advertisements or in other works, creating derivative works from it, promoting it and distributing it, and allowing others to do so on their sites. websites or on their media platforms ("Other Media").
Accordingly, you hereby grant us irrevocable rights to use its content for any purpose, including non-geographical, perpetual, non-exclusive, free, transferable, assignable or sublicensable.
In addition, you irrevocably share your content with other users of the Site and Other Media in connection with their use of the Site and any Other Media.
Finally, the user irrevocably resigns and will result in the resignation of Yelp and its users from all claims and assertion of moral rights or rights attached to its content.
"Use" means using, copying, publishing, displaying, reproducing, distributing, modifying, translating, deleting, analyzing, commercializing and developing derivative works from your content.
Property
As agreed between you and Yelp, you own your content.
We own Yelp content, including but not limited to graphical interfaces, interactive features, graphics, patterns, compilations, including but not limited to our compilations of user content and other Site content, computer code, products, software, aggregate user reviews ratings and any other elements and components of the Site, excluding your content, user content and third party content.
We also own copyrights, trademarks, service marks, trade names and other intellectual property rights around the world ("Intellectual Property Rights") related to Yelp content and the Site, which are protected by copyright, utility model, patent, trademark laws and any other applicable intellectual property and proprietary laws and regulations.
Accordingly, you may not modify, copy, distribute, create derivative works or adaptations of, publicly display or otherwise use any of the Yelp content in whole or in part, except with the express consent of Yelp.
Unless expressly and expressly stated in these Terms, we do not grant you any rights, either expressly or impliedly, and Yelp retains all rights in the Yelp Site and content.
Advertising
Yelp and its licensees may publicly display advertisements and other information about your content.
The user is not entitled to any compensation for such advertising.
The manner of implementation, mode and scope of advertising activities may change without the need to notify the user.
Content Sources
Certain Site content ("Source Content") is available from Real Simple Syndication and Atom sources ("Sources").
You may access and use the Sources to display the Source Content on your personal computer, website or blog ("Your Site") provided that (i) the Sources are only used for private, non-commercial purposes; (ii) the Source Content displayed links to relevant pages on Yelp sites and identifies Yelp as the source of the data; (iii) the use or display of the Source Content does not imply that Yelp is endorsing or endorsing any rationale, ideas, sites, products or services, including your site; (iv) you do not redistribute Source Content; (v) your use of the Sources does not overload Yelp's systems.
Yelp reserves all rights in Source Content and may discontinue Source Content at any time.
For information on other ways to use Sources, please select "Partnership" on our contact page here.
Other
User Content (including any content that may have been created by users employed or hired by Yelp) does not necessarily reflect Yelp's views.
We reserve the right to remove, monitor, edit, or restore User Content from time to time, at our sole discretion, for any reason or no reason, without notifying you.
For example, we may remove a review if we believe it violates our Content Guidelines.
We are under no obligation to keep or provide you with a copy of your Content, nor do we guarantee the confidentiality of your User Content.
RESTRICTIONS
We are under no obligation to enforce the Terms on your behalf from another user.
While we encourage you to inform us of potential violations of the Terms by other users, we reserve the right to explain such situations and take appropriate action in our opinion.
You acknowledge that you will not help, encourage, or allow others to use the Site to:
violate our Content Guidelines, for example by writing false or defamatory reviews, exchanging reviews with other companies or rewarding others, or accepting compensation to write or remove reviews;
violating the rights of third parties, including violating confidentiality, copyrights, trademarks, patents, trade secrets, moral rights, the right to privacy, the right to publish or any other intellectual property or proprietary rights;
threatening, harassing, harming or harassing others, or promoting religious fanaticism or discrimination;
promote businesses or other commercial ventures or events, use the Site for commercial purposes, except when using a corporate account and as expressly permitted by Yelp;
sending bulk e-mail, surveys or other messages in bulk, both commercial and non-commercial; participating in spamming with keywords or other attempts to manipulate search results on the Site or other third party sites;
extorting personal data from minors or transmitting pornography;
violating applicable law.
You also agree that you will not help, encourage, or enable others to:
violating these Terms;
modify, adapt, appropriate, copy, distribute, translate, create derivative works or adaptation, publicly display, sell, exchange or otherwise use the Site or the content of the Site (other than your content), except when express consent is given Yelp companies;
use robots, spiders, applications to search and download site content, or any other automatic device, process or means to access, download data or index any part of the Site or Site content;
reverse engineer any part of the Site;
remove or modify any copyright, trademark or other proprietary notices appearing on any part of the Site or in materials printed or copied from the Site;
logging, processing or extracting information about other users;
accessing, downloading or indexing any part of the Site to create or fill a searchable database of business reviews;
reformatting or changing the composition of any part of the Site;
take any action that causes or may cause an unreasonable or disproportionately heavy load on our Yelp infrastructure or otherwise generate excessive traffic on the Site;
attempting to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website by hacking, password searching or other methods;
use the Site or Site content to transmit computer viruses, worms, malware, Trojans or other destructive computer code (generally referred to as viruses);
use devices, programs or procedures that interfere with the proper operation of the Website, or make any attempt to disrupt the proper operation of the Website;
using the Website to breach the security of computer networks, break passwords or encryption codes; disrupting the operation or disrupting the security of the Site or the content of the Site or causing any other damage;
remove, bypass, disable, damage or otherwise interfere with the Website's security features, features that prevent or restrict the use or copying of Website content, or features that restrict the use of the Website.
The foregoing limitations apply only to the extent permitted by applicable law.
Nevertheless, you acknowledge that you will not breach them (even if permitted by applicable law) without giving Yelp 30 days written notice prior to the occurrence (the relevant form is available here).
Include all necessary information with your notice so that Yelp can take remedial action or otherwise respond appropriately to your actions.
GUIDELINES AND RULES
Content guidelines
You acknowledge that you have read and understood our Content Guidelines.
Privacy
You acknowledge 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 there are reasonable grounds for such disclosure due to the need to (i) respond to suspected illegal activity; (ii) enforce our Privacy Terms and Conditions; (iii) to fulfill obligations related to a legal process or other official procedures, such as a search warrant, subpoena, rules, litigation, or other legal process communicated to our company; (b) protect our rights, reputation, property or property of our users, subsidiaries or protect the public interest.
If the Site is used from outside the United States, you consent to your Personal Data being transferred to the United States and processed therein.
Copyright and Trademark Disputes
For information on resolving copyright and trademark disputes, please see our Infringement Policy.
Events
The Event Terms and Conditions document provides information on the events listed or linked from on the Site.
The user confirms that he has read and understood them.
TRADE AND ADVERTISING AGREEMENTS OF YELP COMPANY
For purchases made under Yelp Deals or Gift Certificates, see Yelp's General Terms and Conditions.
It is recommended that you read them before making your purchase as they may be changed from time to time.
In the event of any inconsistency between the Yelp General Contract and Voucher Terms and Conditions and these Terms, the provisions in Yelp's General Terms and Conditions will take precedence.
Similarly, if you create a business owner account on the Site or purchase an ad from Yelp, the Yelp Advertising Agreement will apply.
In the event of a conflict between the Yelp Advertising Services Agreement and these Terms, the Yelp Advertising Services Agreement will govern.
SUGGESTIONS AND IMPROVEMENTS
By sending us your opinions, suggestions, documents or proposals ("Reviews"), you also acknowledge that (i) the Reviews do not contain confidential or proprietary information; (ii) we are not expressly or implicitly obliged to ensure the confidentiality of Feedback we receive; (iii) we may already be considering or developing solutions similar to those presented in the Opinions; (iv) grants us an irrevocable license to use, modify, publish, distribute and sublicense the Opinion and to develop derivative works based on it, which is not geographically limited, non-exclusive, free and perpetual, and irrevocably resigns and results in resignation from to Yelp and its users against any claims and moral rights relating to these Reviews.
THIRD PARTY
The Site may contain links to other websites or applications ("Third Party Site").
We do not control or give credit to any Third Party Site.
You acknowledge that we are not responsible for the availability or content of such Third Party Sites.
Your use of the Third Party Sites is at your sole risk.
Some of the services provided on the Site may be subject to the content disclosure terms and conditions set forth in license agreements with additional third parties or open source licenses, including those posted here and hereby referenced for reference purposes.
INDEMNIFICATION
You hereby acknowledge that you release and protect Yelp, its parent companies, subsidiaries and affiliates, other related businesses, suppliers, licensors and partners, directors, officers, employees, agents and representatives (collectively, "Yelp Entities") from all liability, including costs, obligations and legal fees, as well as any claims or requests by third parties arising out of (i) your access to or use of the Website; (ii) your breach of these Terms; (iii) products or services purchased or acquired by you in connection with the Site; (iv) breach by you, or by any third party using your account, of any intellectual property rights or other rights of any person or entity.
Yelp reserves the right to take steps, at your expense, to ensure its sole defense and control of any matter for which you were to indemnify Yelp.
You acknowledge that you will cooperate with Yelp as necessary to defend against such claims.
You agree that you will not resolve such matters without Yelp's prior written consent.
Yelp will use reasonable efforts to notify you of any such claim, action or proceeding as soon as it becomes aware of such information.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY BECAUSE THE PROVISIONS HEREIN LIMIT YOUR LIABILITY TO YOU.
EACH OF THE SUBSECTIONS BELOW SHALL APPLY ONLY TO THE MAXIMUM LIABILITY PERMITTED BY APPLICABLE LAW.
NONE OF THIS PROVISION IS INTENDED TO LIMIT ANY RIGHTS WHICH MAY NOT BE RESTRICTED BY LAW.
IN CASE OF UNCLEARANCE ABOUT THIS SECTION OR OTHER SECTIONS OF THESE TERMS, YOU SHOULD CONSULT YOUR LAWYER BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU HAVE READ, UNDERSTAND AND ACKNOWLEDGE THESE TERMS AND CONDITIONS, INCLUDING THIS SECTION.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS CONSTITUTES YOUR RELEASE PART OF YOUR RIGHTS.
THE SITE IS PROVIDED TO THE USER ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WHEN IT IS CONSISTENTLY UNDERSTANDING, UNDERSTANDING, UNDERSTANDING CONTROL AND VERIFY USER CONTENT.
THEREFORE, THE USE OF THE SITE IS AT YOUR OWN RISK AND LIABILITY.
ENTITIES Yelp ARE NOT SO LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY OCCUR EXAMPLE, IN CONNECTION WITH NON, unavailable or shortcomings SECURITY SITE, OR RESULTING FROM ADDICTION DECISION YOU FROM THE QUALITY, ACCURACY OR RELIABILITY OF LISTS OF COMPANIES, EVALUATION, REVIEW, MEASUREMENTS OR CURRENTLY NOT RECOMMENDED REVIEWS FOUND, USED OR SHARED ON THE SITE.
YELP ENTITIES MAKE NO DECLARATIONS OR PROMISES OF ANY KIND TO ANY THIRD PARTY, SUCH AS THE COMPANIES OR ADVERTISERS SPECIFIED ON THE SITE, OR TO THE USERS OF THE SITE.
ENTITIES Yelp ARE NOT SO LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM THEIR ACTIONS OR OMISSIONS, including, for example MISUSE CONTENT, IDENTITY OR PERSONAL DATA YOU BY ANY OTHER USER OR BUSINESS, OR FOR NEGATIVE EXPERIENCES YOU WITH PREVIOUS CONTACTS WITH THE COMPANIES OR ADVERTISERS LISTED ON THE SITE.
THIRD PARTY PURCHASING OR USING THE PRODUCTS OR SERVICES OFFERED ON THE SITE IS AT YOUR SOLE RISK AND LIABILITY.
Yelp ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS GRANTED OR SHALL BE IMPLIED, INCLUDING WARRANTIES OF PRODUCTS OR SERVICES OFFERED BY THE COMPANY LISTED IN THE SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY REPRESENTATIVE OF ANY YELP ENTITY SHALL CREATE A REPRESENTATION OR A WARRANTY.
YOUR SOLE RIGHT AND REMEDIES IN THE EVENT OF DISSATISMATION WITH THE SITE, RELATED SERVICES, OR ANY OTHER COMPLAINT, SHOULD BE SOLD OUT AND USE OF THE SITE.
MAXIMUM TOTAL LIABILITY OF OPERATORS Yelp TO YOU WITH TITLE LOSS OR DAMAGES INCURRED IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF AMOUNTS: (i) THE AMOUNT PAID BY YOU entities Yelp IN CONNECTION WITH THE SITE DURING THE 12 MONTHS BEFORE THE PERFORMANCE triggers LIABILITY OR ( ii) € 100.
YELP ENTITIES ARE INDEMNED FROM LIABILITY FOR (i) ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, PUNITIVE OR LOSS OF TRUST; (ii) LOSS OF PROFITS; (iii) BUSINESS INTERFERENCE; (iv) BREACH OF REPUTATION OR (v) LOSS OF INFORMATION OR DATA.
APPLICABLE LAW AND LOCATION FOR SETTLING DISPUTES
These Terms are governed by Irish law as well as any claim, cause for legal action, or dispute that may arise between you and Yelp (the "Claim"), without regard to the conflict of laws clause.
IN THE EVENT OF ANY CLAIMS MADE BY ANY PARTY, YOU CONFIRM THAT YOU WILL BE BOUGHT YOUR PERSONAL AND EXCLUSIVE JURISDICTION IN THE PRESIDENCY OF IRELAND, IRELAND, IRELAND, Ireland.
TERMINATION OF THE CONTRACT
You may terminate these Terms at any time by closing your account, ceasing to use the Site, and sending Yelp a termination notice as available here.
Information on how to proceed in the event of cancellation of your account can be found in the Privacy Policy.
We may terminate your account, suspend your use of certain Site functionalities, and / or exclude you from the Site for any reason, without prior notice or liability.
Any such action may prevent you from accessing your account, Site, user content, Site content, and other related information.
If you or Yelp terminate your agreement under these Terms, Sections 1, 5, 6, 10-14 will remain in full force and effect, including our right to use User Content (as set forth in Section 5) .
GENERAL CONDITIONS
We reserve the right to modify, update or disable the Site at our sole discretion at any time for any reason and without prior notice.
Notices, including regarding changes to these Terms, may be sent to users by e-mail, traditional mail or in the form of communications posted on the Site.
Except as otherwise provided in Section 10 above, nothing in these provisions is intended or intended to be used to transfer rights or remedies to third parties.
The terms set out all the contractual rights and obligations between you and Yelp regarding your use of the Site, and supersede any prior agreement between you and Yelp to that effect.
The parties acknowledge that no provisions shall apply that are not expressly included in these Terms.
Yelp's failure to enforce any of its rights or provisions under these Terms does not constitute a waiver of those rights or provisions.
The inability of either party to exercise any of the rights described in these Terms shall not be deemed a waiver of any other rights under this agreement.
If any provision of these Terms is found to be unenforceable or defective, only that provision should be amended to reflect the intentions of the parties or removed to the minimum extent necessary to ensure that the other provisions of the Terms remain in full force and effect.
The terms and any rights or obligations described herein are not transferable, assignable, or sublicensable by you unless you obtain Yelp's written consent, but may be assigned or transferred by Yelp without restriction.
Any attempt by you to assign your rights will be in breach of these Terms and will be ineffective.
The section titles in these Terms are for the sole convenience of the parties and have no legal or contractual effect.
Yelp Ireland Ltd.,
70 Sir John Rogerson’s Quay, Dublin 2, Ireland; CRO no: 484943; VAT no: IE 9753764M; Director: L.
Wilson; Contact, Tel: +353.(0)1.
4863212, Fax: +353.(0)1.
4863220