Terms and Conditions of Use

Welcome to Yummr! Yummr (the Yummr.com domain name, "Yummr" or "Service") provides its services to you subject to the following Terms of Use (this "Agreement"). Yummr is a service of Affinitive, LLC. If you visit Yummr, you accept these conditions, whether or not you register as a member ("Member"). Please read them carefully. In addition, when you use any current or future Yummr service, you also will be subject to the guidelines and conditions applicable to such service or business. If you do not agree to be bound by these terms and conditions, You may not access or use the Service. As used in this Agreement, "We," "Us," and "Our" refers collectively to Yummr, and "You" refers to You, the user of the Service.

We reserve the right, at our sole discretion, to modify, restrict, change, or otherwise alter the Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yummr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yummr has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. Yummr is concerned about the safety and privacy of all its users, particularly children. You must be over eighteen years of age to register for Yummr's services. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and will abide by such Terms and Conditions.

Use of the Site by Children:

This Site does not target, through its advertising, appearance, links to other sites or otherwise, children under the age of 13. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that we do not permit registration by and do not knowingly collect any information from children under the age of 13.

Privacy:

Please review our Privacy Policy, which also governs your visit to Yummr, to understand our practices.

Terms/Fees:

This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member account page. Yummr may terminate your membership for any reason, at any time. If Yummr terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

Non Commercial Use by Members:

The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Passwords and compiled names, photos, links, and Site content are not to be transferred or copied from the Site for use with any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Code of Conduct:

  1. You understand and agree that Yummr may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Yummr violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. Do not send us any confidential or proprietary information. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any feedback, data, answers, questions, comments, suggestions, ideas, or the like that you do transmit or post to the Site by electronic mail, message boards, file transfer protocol or otherwise ("Communications") will be treated as non-confidential and non-proprietary. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Yummr an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

  3. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Yummr reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

    1. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or flooding;
    4. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    6. imposes an unreasonable or disproportionately large load this Site's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
    7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    8. displays pornographic or sexually explicit material of any kind;
    9. solicits personal information from anyone under 18;
    10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    12. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  4. You must use the Service in a manner consistent with any and all applicable laws and regulations.

  5. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

  6. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Yummr cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Yummr reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Yummr deems appropriate in its sole discretion.

  7. You may not attempt to impersonate another user or person who is not a member of this Site.

  8. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;

  9. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

  10. You may not remove any copyright, trademark, or other proprietary rights notices contained in the Site or Content;

  11. You may not "Frame" or "mirror" any part of the Site without our prior written authorization;

  12. You may not harvest or collect information about Members without their express consent.

Intellectual Property Rights

The content on the Yummr Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yummr, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Yummr reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Yummr Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Yummr Website or the Content therein.

User Submissions

Yummr may now or in the future permit the submission of photos, graphics, audio, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Yummr does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Yummr to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Yummr, you hereby grant Yummr a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Yummr Website and Yummr's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Yummr Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Yummr Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Yummr Website.

Other Parties and Web Sites:

From time to time, Yummr may make available to you certain services offered by third parties or pages of the Yummr Web site may include links to other parties' Web sites. Those third party services and Web sites are not governed by Yummr's Terms of Use but may be governed by other terms of use. Also, Yummr does not review all the content of these external Web sites and is not responsible for the quality of information on any of the external Web sites or any link contained in the external Web sites.

Points and Rewards

Points awarded on Yummr.com shall have no cash value. Points may be used only for the redemption of products and services offered through redemption sites listed on Yummr.com. The number of points awarded for each transaction shall be determined by Yummr. Points earned by a member are for that member's account only and cannot be transferred or combined with other members' points for any purpose. Yummr reserves the right to modify the Service and/or future points awards for various types of transactions by providing notice of such modifications on Yummr.com. Yummr further reserves the right to modify, add to, or reduce the redemption sites, merchandise, and services available for redemption by making such modifications, additions, or deletions on its website.

Member Disputes:

You are solely responsible for your interactions with other Members. Yummr reserve the right, but have no obligation, to monitor disputes between you and other Members.

Disclaimers:

Neither Yummr, nor Affinitive are responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. Neither Yummr, nor Affinitive are responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Yummr and Affinitive assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Neither Yummr, nor Affinitive are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will neither Yummr, nor Affinitive be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Yummr and Affinitive expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Yummr and Affinitive cannot guarantee and does not promise any specific results from use of the Site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from neither Yummr, nor Affinitive or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability:

Except in jurisdictions where such provisions are restricted, in no event will Yummr, nor Affinitive be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if Yummr, or Affinitive has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Yummr's, or Affinitive's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Yummr, or Affinitive for the Service during the term of Membership.

Our Rights:

Yummr reserves the right to modify or discontinue the Service in whole or in part for any reason, at its sole discretion, with or without notice to Users. Yummr may, among other things, withdraw, limit, modify or cancel any prize and/or modify or regulate the points, prizes or benefits. Each User agrees that Yummr will not be liable to the User or any third party for any modification or discontinuance of the Program.

Yummr reserves the right to interpret and apply the policies and procedures communicated in the Guidelines. All determinations by Yummr, including determinations of eligibility, and proper authorization of points and prize redemption, shall be final and conclusive in each case.

Yummr reserves the right to terminate any User's participation in the Program, to deny award of any Prizes and/or terminate service if, in Yummr's sole judgment, such User has in any way violated the Agreement.

Fraud:

Fraud or abuse relating to the registration process, providing of personal information, or redemption of prizes is a violation of the Agreement. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a User's password. Users agree to immediately notify Yummr of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual User, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use.

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE GUIDELINES. Yummr RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Disputes:

If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

Indemnity:

You agree to indemnify and hold Yummr, Affinitive and their subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors, other partners and employees (collectively, the "Indemnified Parties") harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Notice and Procedure for Making Claims of Copyright Infringement

Yummr respects the intellectual property of others, and we ask our users to do the same. Yummr may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. In addition, Yummr complies with the Digital Millenium Copyright Act (DMCA), which provides a legal procedure pursuant to which you can request that an Online Service Provider "takedown" access to your copyrighted works appearing without your permission. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yummr's Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Yummr's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Affinitive, LLC.
135 West 26th Street, 8th Floor
New York, NY 10001
By email: help@yummr.com.

It is expected that all users of any part of Yummr will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will comply with the appropriate provisions of the DMCA in the event a counter notification is received by our Copyright Agent.

Other:

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and regarding the use of the Site and/or the Service. The failure of Yummr to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Last Updated: February 1, 2007

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