Terms of Use

Welcome to the YakimaTalk, Inc. Terms of Use. Although the Terms of Use below are binding, we want you to feel comfortable with them, understand them fully, and find that they accurately reflect the YakimaTalk.com that you want to be a part of. We’ll do our best to help you understand everything so you can feel good about contributing a voice to YakimaTalk.com, Inc..

Our Terms of Use

YakimaTalk.com, Inc. is a Web site, but it in the grand scheme of things, it’s a service (called the “Service” hereafter) designed to make your life better. The Service is operated by YakimaTalk.com, Inc. (referred to herein as “YakimaTalk.com”, “we” or “our”). By accessing or using the Service, you are agreeing to be bound by these Terms of Use.

We ask that you read these Terms of Use carefully before registering or using the Service. If you do not accept and abide by these Terms of Use, you may not use the Service.

Just like your local community, YakimaTalk.com, Inc. is growing and changing every day, and thus the Terms of Use are subject to change by YakimaTalk.com, Inc. at any time. However, you can always find out if an update has occurred since you last read these Terms of Use—just check the “Effective Date” on the bottom of this page. Your continued use of the Service after any updates or changes will indicate your acceptance of the new Terms of Use.

Use of the Service

You may use this Service solely for personal and non-commercial purposes. That is to say: You can’t use the Service to make a living unless you enter into a separate agreement with us that says you can.

Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. If you want to use the Service in any other manner, you are required to obtain a separate agreement between you and YakimaTalk.com or our prior written consent.

In order to comprehensively cover the community, the Service contains information on businesses, establishments, public services and other third parties, as well as news, feature stories, images, video, audio and other materials. The Service may provide you with other ways to access and use such information and materials—for instance, we give you the option to receive our emails and bookmark our items in other social networking services.

The Service and any information, product or service made available through the Service are provided on an “AS IS, AS AVAILABLE” basis. You agree that you will not hold YakimaTalk.com responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. If you think something looks incorrect, please let us know.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DATA OR INFORMATION THAT IS CONTRIBUTED TO THE SERVICE BY THIRD PARTIES. WHILE WE USE WHAT WE BELIEVE ARE REASONABLE EFFORTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS OR ANY DATA OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Registration

We want everyone to enjoy YakimaTalk.com, so you may use the Service without registration (i.e., signing up with a email address and password). However, in order to access some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. (If another person or entity wants an account, they can easily sign up themselves.) YakimaTalk.com believes in transparency, and we ask that all your registration information be truthful.

You may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. YakimaTalk.com will not be liable for any losses or damages caused by unauthorized use of your account. Furthermore, you may be liable for the losses of the YakimaTalk.com or others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms of Use.

Your License to YakimaTalk.com

YakimaTalk.com was created to enable you to submit, share and upload articles, photos, videos, text, and other information (all of which we call “Content”). When you do this, you own that Content. However (and here comes some legalese), you hereby grant YakimaTalk.com a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, redact, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the Content. You acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use.

In addition, if you provide any request, suggestion, or feedback to us regarding the functionality and performance of the Service or any other product or service made available through the Service (including identifying potential errors and improvements), you hereby assign to YakimaTalk.com all right, title, and interest in and to such request, suggestion, or feedback, and YakimaTalk.com will have the right to use, implement, and modify such request, suggestion, or feedback without any payment or restriction. To the extent any of the foregoing rights cannot be assigned to us, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your request, suggestion, and feedback, in whole or in part, in any media now known or developed in the future. This assignment and license will allow us to use your feedback to improve the Service and maintain our ownership and control of the Service.

IF YOU DO NOT WANT TO ASSIGN OR LICENSE YOUR REQUESTS, SUGGESTIONS, AND FEEDBACK TO US AS DESCRIBED IN THIS PARAGRAPH, DO NOT PROVIDE US WITH ANY REQUEST, SUGGESTION, OR FEEDBACK.

You represent and warrant that you have all legal, moral and other rights that may be necessary to grant us the licenses described in the preceding paragraphs. You agree that you will not make any claims against us based on any allegations that any activities or alleged omissions within the Service, whether or not by or condoned by us, infringe any intellectual property rights associated with your Content. You acknowledge and agree that we have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you submit or provide to the Service at any time and for any reason, with or without notice. You agree that YakimaTalk.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. YakimaTalk.com retains the right to create limits on use and storage at its sole discretion and at any time, with or without notice.

Acceptable Use Policy

Communities thrive when people care about each other, and as such, YakimaTalk.com expects all of its users to be respectful of others. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, please report it to submit@yakimatalk.com.

You are solely responsible for the Content that you post on the Service or transmit to other users. By using the Service, you agree that you will not hold YakimaTalk.com responsible or liable for any Content from other users that you access on the Service.

While we encourage people to be honest and post what’s on their mind, there are some types of Content that we simply can’t allow on YakimaTalk.com. We’ll go over some of the prohibited items below, but these are merely examples and the list is not intended to be exhaustive.

We understand that everyone has different opinions, but YakimaTalk.com will make the sole determination as to whether Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

is defamatory, abusive, obscene, profane, offensive or objectionable or otherwise intended to interfere with the use or enjoyment of the Services by others;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
violates any party’s right of publicity or right of privacy;
is threatening, harmful, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, incomplete, false or misleading in any way;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
contains “masked” profanity (e.g., F@&#);
contains a virus, corrupted data, Trojan horse, bot keystroke logger, worm, time bomb, cancelbot or any other computer code, files, programs or programming routines designed or intended to damage, interfere with, intercept, mine, scrape, or expropriate any system, data, or personal information relating to the Service or any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We do our best to keep tabs on what is posted on the site, but YakimaTalk.com is under no obligation to screen or monitor Content. We may review Content from time to time at our sole discretion to determine compliance with this Acceptable Use Policy. YakimaTalk.com will make all determinations as to what Content is appropriate at its sole discretion. We may include, edit or remove any Content at any time without notice.

Variety is the spice of digital life, so understand that when using the Service, you will be exposed to Content from a variety of sources and that YakimaTalk.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. And just like when you visit any Internet site, by using YakimaTalk.com you acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Termination of Access

We want to keep YakimaTalk.com a safe and friendly place, so in addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we reserve the right, in our sole discretion, to suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We do not maintain systems that permit us to return your Content to you after your account is terminated, so please keep your own copies of your Content on your own storage devices of choice. You should be aware that, in some circumstances, residual copies of your Content may remain in our system for back-up purposes. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Links

YakimaTalk.com encourages networking and the exchange of ideas. In order to provide you with as much relevant information as possible, the Service may contain links to other web sites not maintained by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Service by a party other than YakimaTalk.com. Be aware when you leave our Service and read the terms and conditions and privacy statements of each and every web site you visit. We are not responsible for the practices or the content of such other web sites or services
and we will not in any manner be liable for or responsible for any of your dealings or interaction with third parties. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights

YakimaTalk.com or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by YakimaTalk.com. If you want to use something but think it might belong to us, please ask before taking it.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YakimaTalk.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) YakimaTalk.com DOES NOT WARRANT THAT (i) THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA, OR OTHER INFORMATION PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERROR IN THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE WILL BE CORRECTED.

(c) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.

(d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM YakimaTalk.com OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YakimaTalk.com WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YakimaTalk.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

(a) THE USE OR INABILITY TO USE THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE;

(b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE.

Indemnity

We made these Terms for a reason. Therefore we can’t be held responsible if you disregard them. You agree to defend, indemnify and hold harmless YakimaTalk.com, its officers, directors, employees, business partners, agents, contractors and advertisers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by YakimaTalk.com) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law

Because the YakimaTalk.com HQ is located in Washington, we have to play by Washington’s rules. That’s why the laws of the State of Washington shall govern these Terms of Use.

YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THURSTON COUNTY, WASHINGTON FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to YakimaTalk.com within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act Notice

Materials may be made available via the Service by third parties not within our control. That is to say, we can’t control what other people post. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others and we are committed to upholding the rights of copyright holders. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you are a copyright holder, or an agent of a copyright holder, and you believe that any posting, submission or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following to our copyright agent:

A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that is allegedly infringed;
Specific identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Specific identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Please let us know about copyright issues by sending all DMCA notices to our designated agent as follows:YakimaTalk.com, Inc.
Attn: Copyright Officer
2962 Limited Lane NW
Olympia, WA 98502
Email: submit@yakimatalk.comDisclosure of Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location, Content or other information in response thereto.
Severability
We consider our Terms of Use to exist as individual parts of a larger whole. If any part of these Terms of Use are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. This means that even if one part of the Terms is judged unsound, the rest still apply.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information
If you have any questions or comments about our Terms of Use or anything else, you may contact us at submit@yakimatalk.com.