Yapsody Campaigns is a very easy to use email provider service, build for organizations to manage their communication.
YAPSODY hereby grants to User a non-exclusive, non-transferable license to use YAPSODY in accordance with the TOU for the purposes of sending emails or otherwise digitally communicating with third parties (“User License”). User’s use of YAPSODY shall be deemed acknowledgement of, and agreement to, the TOU and any modifications thereof that YAPSODY may publish from time to time at its sole discretion with or without notice. It is User’s responsibility to check for modifications of the TOU whenever using YAPSODY as such modifications shall govern a User’s continued use of YAPSODY. User shall refrain from use of YAPSODY in the event that User does not agree to any portion of the TOU.
You can pay your YAPSODY Invoice from the billing section of the Software by Credit Card and/or PayPal, depending on the currency to which your account is set. Credit Card is available for most currencies. For Users from the United States, check payments are also accepted. You can contact our Technical Support Team on Chat for more details on this.
User is responsible for maintaining the confidentiality of its respective User Account password and any sensitive information stored in its User Account. User is responsible for all activity that occurs within User’s Account regardless of the actual User performing the activity. If User believes that the security of his/her User Account has been compromised in any manner, it is User’s responsibility to reset the User Account password and to suspend or terminate any third-party access that may have been granted to other Users. In rare cases, YAPSODY may (but shall not have the obligation to) suspend access to a User Account if it believes in good faith that not doing so may cause significant imminent damage (financial or otherwise) to a User Account. Notwithstanding the foregoing, YAPSODY shall not be liable for any loss or damage arising from its good faith suspension of a User Account due to an alleged security breach or from activity (whether authorized or unauthorized) performed in connection with a User Account, and User hereby agrees to hold YAPSODY harmless in connection therewith.
In the event that a dispute arises among multiple parties as to ownership of a User Account, User agrees that YAPSODY shall be the sole arbiter of such dispute and that YAPSODY’s decision shall be final and binding on all parties except to the extent otherwise directed by a court of competent jurisdiction. YAPSODY’s options in handling such a dispute may include the temporary suspension or termination of any such User Account.
The YAPSODY Content is protected by copyrights, trademark, and/or other intellectual property laws. User agrees not to copy, reproduce, distribute, publish, display, repost on any website, or create derivative works of the YAPSODY Content without the express written permission of YAPSODY or as otherwise expressly permitted pursuant to the TOU, or to the extent that YAPSODY Content sharing functionality is provided by YAPSODY. YAPSODY reserves all rights to YAPSODY Content not granted herein.
User hereby grants to YAPSODY a license to use Seller’s name and logo, and the name and logo of the underlying organization that is selling or promoting Merchandise, in connection with YAPSODY advertising and promotion.
User warrants and represents that (i) User Content does not misrepresent the User or any fact being communicated; and (ii) User Content does not infringe upon the rights of any third party or violate any applicable laws or regulations. Furthermore, Users shall be liable for any User Content, links to content on third-party websites that User provides, and any reliance on such Content by any other User or Communication Recipient. User hereby agrees to indemnify, defend, and hold harmless YAPSODY Related Parties in connection therewith. Notwithstanding the foregoing, YAPSODY shall have the right to remove any Content or links, in whole or in part, that it believes, in its sole discretion, violates this section or any portion of the TOU. Accounts of Users who knowingly or repeatedly send, transmit or post User Content in violation of the TOU may be suspended or terminated at YAPSODY’s sole discretion with or without notice.
User shall not do (or permit anyone else to do) the following and accepts full responsibility and liability for the following:
YAPSODY shall have the right to terminate, revoke, or suspend a User Account or User License for any reason at its sole discretion without prior notice and without liability to any User or third-party.
YAPSODY IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YAPSODY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT OF TITLE AND ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHEMORE, YAPSODY MAKES NO WARRANTY THAT: (I) THE SERVICES PROVIDED VIA YAPSODY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (II) INFORMATION OBTAINED VIA YAPSODY WILL BE ACCURATE OR RELIABLE. YAPSODY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY CONTENT OR ACTIONS OF ANY USER OR THIRD-PARTY IN CONNECTION WITH THE USE OF THE SOFTWARE. YAPSODY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DISCLAIMED WARRANTY EXCEPT TO THE EXTENT OTHERWISE PRESCRIBED BY APPLICABLE LAW.
User acknowledges that YAPSODY has no control over and does not guarantee the truthfulness or accuracy of any User Content transmitted via Yapsody. Except to the extent otherwise dictated by law, YAPSODY shall not be liable in tort, contract, or other legal theory for: (i) damages of any kind (including direct, incidental, special, consequential, punitive, or exemplary damages) for any reason; (ii) damages of more than $100.00 USD in the aggregate for all claims arising out of a User’s use of YAPSODY; and (iii) any matters beyond YAPSODY’s reasonable control. Furthermore, use of YAPSODY, including the downloading of any Software, shall be at the User’s sole risk, and YAPSODY shall have no liability with respect to a User’s or third-party’s misuse of any User Content.
User agrees to indemnify, defend, and hold harmless YAPSODY Related Parties from any and all damages, losses, injuries and expenses (including, without limitation, reasonable attorney’s and legal fees) resulting from any claim, demand, lawsuit, or legal proceeding arising out of (i) User Content; (ii) disputes between or among Users, Communication Recipients, and third parties; and (iii) disputes related to API Services. Furthermore, YAPSODY shall have no responsibility or liability for the acts or omissions of any API Services provider.
By submitting a copyright takedown notice to YAPSODY, you agree to the following: (a) YAPSODY may share the notice in its entirety (including your identity and contact information) with the alleged infringer(s), and (b) you accept full liability for and indemnify YAPSODY Related Parties in connection with any damages incurred by YAPSODY or a third party that have arisen in connection with actions that YAPSODY has taken in accordance with the DMCA in response to your notice. Consequently, we strongly recommend that you consult with an attorney before submitting a copyright takedown notice.
The easiest and quickest way submit a takedown notice and for YAPSODY to take timely action is to email it to DMCA@yapsody.com. Alternatively, you may also mail it to:
Attention: DMCA Compliance Manager
3213 W Main St.
Rapid City, SD 57702-2314
We strongly recommend that if you mail us a physical notice, you also follow up with a soft-copy via email as soon as possible.
Any other use of the Marks shall require the express written consent of YAPSODY. YAPSODY reserves the right to revoke any User’s right to use the Marks for any reason.