Terms Of Use

Welcome to YAPSODY, the professional web-based email and digital communication system without the restrictive lock-in periods or high fees imposed by other similar applications. By using YAPSODY, you agree to comply with the following Terms of Use, which describe your legal rights and obligations.

Agreement

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.

Terms of Payment

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.

Communication Tools

YAPSODY makes available to Users tools such as email (“Communication Tools”) for contacting third parties whose contact information a User has provided to YAPSODY (“Communication Recipients”). By using the Communication Tools, User warrants and represents that (i) User has the right to contact the Communication Recipients; (ii) the Communication Recipients’ contact information (e.g., email addresses) was gathered in accordance with applicable regulations in the respective jurisdiction(s); (iii) any communication with Communication Recipients is not in violation of any privacy policy under which the contact information was collected; (iv) User will not use the Communication Tools in a manner that violates any applicable laws or regulations such as, for example, U.S. CAN-SPAM, European Union GDPR, or Canadian CASL; (v) User will not use the Communication Tools for purposes of misleading or defrauding Communication Recipients; (vi) User will modify the communication preferences of Communication Recipients in accordance with the requests of those Communication Recipients or YAPSODY; (vii) for email communications, User shall provide “unsubscribe” links in every email and will not send emails to any recipient who has unsubscribed. YAPSODY may limit or suspend a Seller’s access to Yapsody, or any application or feature thereof, at its sole discretion for reasons such as excessive email bounces, complaints, or unsubscribe requests.

User Accounts

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.

Content

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.

Definitions

• API Services: Web-based third-party services that are integrated with or accessible via YAPSODY (E.g., Facebook, Payment Gateways, Google Analytics, Heap Analytics, Event Directories, MailChimp).
• Content: Data, text, graphics, images, event listings and other material displayed on, uploaded to, transmitted to/by, downloaded from, or accessible via YAPSODY.
• Marks: The YAPSODY name and its trademarks, service marks and logos.
• Non-Personal User Data: Data (other than Personal User Data and Electronic Payment Data) such as demographic data, Internet Protocol (IP) addresses, browser information, hardware information, approximate.
• Payment Gateway: A third-party application that facilitates the authorization and processing of Electronic Payments.
• Permitted User Content: User Content that is not prohibited pursuant to this TOU.
• Privacy Policy: YAPSODY’s privacy policy, which can be found at https://www.yapsody.com/ticketing/privacy-policy, which is incorporated by reference into this TOU.
• Software: The functionality available on https://www.yapsody.com/ticketing/privacy-policy and any application (including Yapsody’s mobile applications and YapSecure payment app) marketed under the YAPSODY brand and its respective source code.
• Terms of Use or TOU: All terms and conditions governing the use of YAPSODY, which shall include this document and the following documents which are incorporated by reference: the Privacy Policy found at https://www.yapsody.com/ticketing/privacy-policy, the GDPR addendum found at https://www.yapsody.com/ticketing/gdpr, and any other documents that may be referred herein and therein.
• User Account: A YAPSODY account by which a User must register and enter a username and passcode to gain access.
• User Content: Content provided by a User.
• User Data: Data pertaining to Users, including Personal User Data, Non-Personal User Data, and Electronic Payment Data.
• Website: The YAPSODY.com domain and any Content thereon.
• YAPSODY (as referred to in this Terms of Use): Collectively the Website and the Software.
• YAPSODY Content: Content that is owned, controlled, or provided by YAPSODY.
• YAPSODY Related Parties: YAPSODY, YAPSODY’s parent company and its owners, officers, directors, employees, shareholders, agents, and affiliates.

Restricted Use of Yapsody

User shall not do (or permit anyone else to do) the following and accepts full responsibility and liability for the following:

• Directly or indirectly modify, reproduce, create derivatives of, reverse engineer, decompile or attempt to use or expose any portion of YAPSODY.
• Loan, resell, sublicense, or distribute any part of YAPSODY without the express written consent of YAPSODY or use YAPSODY in a manner that violates the federal, state, or local laws of any applicable jurisdiction.
• Use the Software for the purpose of exhibiting, promoting, or communicating anything other than Permitted User Content.
• Misrepresent a User’s identity or the source or ownership of any Content.
• Directly or indirectly use YAPSODY or any Content in a manner that is inconsistent with any portion of the TOU.
• Engage in any activity that directly or indirectly disrupts normal operation of YAPSODY or promotes fraudulent or illegal activity.
• Misrepresent a Seller’s identity; the source or ownership of any Content; the availability, deliverability, refundability, or characteristics of Merchandise; or the affiliation between a User, venue, event, organization, Seller, or item of Merchandise.
• Send or transmit Content that is prohibited by applicable law; encourages or incites unlawful activity, violence or hatred; promotes discrimination based on race, religion, gender, ethnicity, nationality, or sexual orientation; is threatening, abusive, vulgar, obscene, profane, or pornographic in nature; defames a third party; or infringes on a third-party’s intellectual property, legal, contractual, or privacy rights. Yapsody reserves the right to terminate service, without any liability, any User for any Content that Yapsody believes, in its sole discretion, violates this section.
• Register for a YAPSODY account if the person registering or the intended account User is under 13 years old. If User is at least 13 years old and under 18 years old, User may only use YAPSODY under the supervision of a parent or legal guardian who manages User’s account provided that User does not provide YAPSODY any information about him/herself.
• Use the Software in a manner that violates or otherwise contravenes the rules, regulations, or terms of use relating to applicable Transaction Services Providers.
• Store any false, inaccurate, or non-current User Data in a User Account.

Termination

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.

Warranties Disclaimer

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.

Limitation of Liability / Release

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.

Privacy

All User Data is governed by the Privacy Policy, which is hereby incorporated by reference into this TOU and can be found at https://apis.yapsody.com/res/assets/1/legal/privacy-policy.html. The extent to which YAPSODY may use User Data and make User Data accessible to other Users and third-parties shall be governed by the Privacy Policy terms. Users and third parties with access to User Data shall also be bound by the Privacy Policy. Notwithstanding the foregoing, while YAPSODY may restrict such access to Users and third-parties who violate the Privacy Policy, YAPSODY shall nevertheless have no obligation to take legal action to enforce the Privacy Policy against said entities and shall bear no liability in connection therewith with respect User Data access that was provided in good faith pursuant to the terms of the Privacy Policy. Furthermore, YAPSODY is not liable for the protection or privacy of User Data transferred through email or otherwise through a network.

Notices

• GENERAL: Notices from YAPSODY to Users shall be made by email unless otherwise required by law. Notices from Users to YAPSODY may be submitted to YAPSODY’s support team by filling out the online inquiry form in the Website support section.
• MISCONDUCT: Users and third parties may report the misconduct of other Users or API Services providers to YAPSODY’s support team by filling out the online inquiry form in the Website support section. Any investigation or action taken by YAPSODY in connection with such report shall be entirely in YAPSODY’s sole discretion except as otherwise required by law.
• DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA): REMOVING COPYRIGHT INFRINGING CONTENT: If you are the lawful copyright owner of Content; you have not given your consent for that Content to be displayed on, uploaded to, transmitted to/by, downloaded from, or accessible via YAPSODY; and you believe in good faith that no exception (e.g., Fair Use) applies that would otherwise serve as a defense to a claim of copyright infringement; then you or your agent may send to YAPSODY a takedown notice requesting that said Content be removed or blocked. Since the takedown notice is legal in nature and serves to initiate a legal process, your claims must be truthful, made in good faith, and contain all the elements prescribed by the Digital Millennium Copyright Act (DMCA) in order for YAPSODY to be able to take action.

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:

Yapsody LLC
Attention: DMCA Compliance Manager
3213 W Main St.
Suite 231
Rapid City, SD 57702-2314
USA

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.

Trademark Information

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.

General

• User warrants and represents that it will not violate the terms of this TOU, with special emphasis on the section of this TOU entitled “Restricted Use of the Services”.
• The TOU constitutes the entire agreement between User and YAPSODY and supersedes any prior versions of this TOU. This TOU is separate and apart from any Seller Terms of Sale that may apply when transacting Merchandise or any applicable terms of service provided by an API Service or Content provider in connection therewith.
• Yapsody LLC, a South Dakota corporation, owns all rights to license YAPSODY services to Users. This TOU is governed by the laws of the state of South Dakota, United States as applied to contracts entered into and performed entirely within South Dakota by entities domiciled in South Dakota. Any legal claims arising in connection with the TOU shall be resolved, on an individual basis absent consolidation with the claims of any other party, through binding arbitration to be conducted in Rapid City, South Dakota in accordance with the rules of the Judicial Arbitration and Mediation Service. Judgment on the arbitration award may be entered in any court having jurisdiction in Rapid City, South Dakota, and User agrees to submit to the personal jurisdiction of the courts located therein.
• Provisions related to liability, indemnification, disclaimers of warranties, intellectual property protections, and protection of User Data shall survive termination of this agreement.