This website (the "Website") is owned and operated by Yapan, Inc. ("the Company"). Throughout these Terms of Service, the terms "we," "us," and "our" refer to the Company. By accessing or using this Website, which includes all information, tools, and services provided herein, you ("the user") agree to comply with and be bound by the terms, conditions, policies, and notices outlined here and elsewhere on the Website.
OVERVIEW:
By accessing our Website, you are engaging with our “Services” and agreeing to comply with and be bound by the following terms and conditions ("Terms of Service") and our Privacy Policy, both of which are incorporated by reference. These Terms of Service apply to all users of the Website and Services, including, but not limited to, browsers, vendors, customers, merchants, and content contributors.
Please take the time to read these Terms of Service and our Privacy Policy carefully before using or accessing the Website or Services. By accessing or using any part of the Website or Services, you are consenting to be bound by these Terms of Service and our Privacy Policy. If you do not agree with the Terms of Service and Privacy Policy, you must not use or access the Website or Services.
Any new features or tools added to the Website will also be governed by these Terms of Service and our Privacy Policy. You can review the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service at our discretion. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website after the posting of any updates signifies your acceptance of those changes.
By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have obtained consent to allow any of your minor dependents to use this Website. You agree not to use the Website, the Services, or our products for any illegal or unauthorized purposes. Additionally, you agree not to violate any laws or regulations (including, but not limited to, copyright laws) while using the Services. You must not transmit any worms, viruses, or any code of a destructive nature. Any breach or violation of these Terms of Service will result in the immediate termination of your access to the Website and Services.
We may need to contact you regarding your use of the Services. These communications are an integral part of the Services. By using the Services, you consent to receiving notifications, text messages, alerts, or emails. You acknowledge and agree to receive these communications. Additionally, you are responsible for any messaging or data charges that may be applied by your wireless carrier.
GENERAL CONDITIONS - INTELLECTUAL PROPERTY:
We reserve the right to refuse service to anyone, for any reason, at any time. You acknowledge that your content (excluding credit card information and Personal Information, as defined in our Privacy Policy) may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) modifications to meet the technical requirements of connecting networks or devices. Please note that credit card information and Personal Information (as defined in our Privacy Policy) are always encrypted during transfer over networks.
For the purposes of these Terms of Service, "Company Content" refers to any text, graphics, images, music, software, audio, video, works of authorship, and other information or materials that are posted, generated, provided, or otherwise made available to you through this Website and the Services. Company Content, along with the Services and their underlying technology, is protected by copyright, trademark, patent, intellectual property, and other applicable laws in the United States and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices on this Website or within the Services.
This Website and the Services are intended for your personal, non-commercial use. The Company grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services and access and view this Website and the Company Content for your personal, non-commercial use. This license is provided solely for your personal enjoyment and use of the Website and Services as permitted by these Terms of Service. You agree not to reproduce, reverse engineer, duplicate, copy, link to, sell, resell, or exploit any part of the Services, Company Content, or your access to the Website or Services, without our express written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for those expressly granted in these Terms of Service.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION:
We are not responsible for the accuracy, completeness, or timeliness of the information provided on this Website. The material on this Website is intended for general information and entertainment purposes only, and should not be relied upon as the sole basis for making decisions. You should consult primary, more accurate, complete, or up-to-date sources of information before making any decisions. Any reliance on the material on this Website is at your own risk. This Website may contain historical information, which is not current and is provided for reference purposes only. We reserve the right to modify the content of this Website at any time, but we are not obligated to update any information. You agree that it is your responsibility to monitor any changes to the Website.
Full access to this Website and the Services requires the use of a computer with appropriate software or a supported mobile device, as well as Internet access. The performance of the Website and Services may be affected by the maintenance and security of your equipment, and it is your responsibility to ensure that your equipment is properly functioning.
MODIFICATIONS TO THE SERVICE:
We reserve the right to update or modify the Services, including any features or content, at any time without prior notice. Additionally, we may suspend or discontinue the Services (in whole or in part) at our discretion without prior notification. We are not liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.
PRODUCTS OR SERVICES:
We strive to present the colors and images of our services on our website as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor will be an exact representation.
We reserve the right to limit the sale of our services to any individual, geographic region, or jurisdiction, at our sole discretion, and on a case-by-case basis. Additionally, we may restrict the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without prior notice. We also reserve the right to discontinue any product or service at any time. Any offers made on this website are void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, nor do we warrant that any errors in the Services will be corrected
OPTIONAL TOOLS:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD PARTY LINKS:
Certain content, products, and services accessible through our platform may feature materials provided by third parties.
This website may include links to third-party websites that are not affiliated with us. We do not review, evaluate, or guarantee the accuracy or content of these third-party websites and disclaim all liability for any third-party materials, websites, products, or services. You acknowledge that our Terms of Service and Privacy Policy do not govern your interactions with third-party services or websites. It is your responsibility to review and understand the applicable terms and conditions and privacy policies before using any third-party services or websites.
We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or other transactions conducted through third-party websites. We strongly encourage you to review the policies and practices of third parties thoroughly to ensure you understand them before engaging in any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.
PERSONAL INFORMATION:
Any personal information you submit is subject to and governed by our Privacy Policy.
POLICY ERRORS, INACCURACIES AND OMISSIONS:
From time to time, our Website or Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct such errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information in the Services or on the Website is found to be inaccurate, at any time and without prior notice, including after an order has been submitted.
We undertake no obligation to update, amend or clarify information in the Services or on this Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on this Website, should be taken to indicate that all information in the Services or on this Website has been modified or updated.
DIGITAL MILLENNIUM COPYRIGHT ACT:
the Company respects other parties’ intellectual property rights and copyright law, and expects its users to do the same. The Company reserves the right, in its sole discretion, with or without notice, to terminate content, Comments, account holders and users who infringe the rights of copyright holders. Please see the Company’s DMCA/COPYRIGHT POLICY , which is incorporated and made part of these Terms of Service.
PROHIBITED USES:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, the Company Content and the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of this Website, other websites, third parties or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or this Website, other websites, or the Internet. We reserve the right to terminate your use of the Services or this Website for violating any of the prohibited uses or these Terms of Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our Services, the Company Content and this Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services, the Company Content and this Website will be accurate or reliable.
You agree that from time to time we may remove the Services, the Company Content and this Website for indefinite periods of time or cancel the Services, the Company Content and this Website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services, the Company Content and this Website is at your sole risk. This Website, the Company Content and the Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Website, the Company Content any of the Services or any products procured using the Services, or for any other claim related in any way to your use of this Website, the Company Content and the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the Company Content and the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law
DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNIFICATION EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE. THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE COMPANY'S TERMS OF SERVICE AND PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW
SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION:
If you violate these Terms of Service, we reserve the right to terminate and/or deactivate your account and access to this Website and/or the Services, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete any Comments and other information related to you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
ENTIRE AGREEMENT - WAIVER:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, our Privacy Policy and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or Privacy Policies).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW & DISPUTES:
The law applicable to the interpretation and construction of these Terms of Service and any transaction (including purchases made on this Website) using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of New York, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York.
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York; and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
You further agree that you may only resolve disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms of Service.
CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION:
Questions about the Terms of Service should be sent to us
here
Last modified: December 20, 2024