Terms Of Service
Your Acceptance
These Terms of Service (also referred to herein as these “Terms”) are an agreement between HARD TIMES MEDIA, INC.. (dba “YPRA”), a company based in Orange Park, Florida, which is the owner and operator of https://ypra.com (the “Site”), the YPRA software, and the YPRA mobile apps (collectively “YPRA”, the “Service”), and you as (a user of the Service). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND TO YPRA'S PRIVACY POLICY, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY AGREEING TO THESE TERMS OF SERVICE, YOU ALSO CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF INFORMATION YOU PROVIDE US IN ACCORDANCE WITH OUR PRIVACY POLICY. IF YOU CHOOSE TO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.
ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Allowable Content and Acceptable Use
At YPRA our focus is creating a positive and helpful experience for our users. We want YPRA to be convenient, safe, and fun for you and your communities. This means there are a few rules for use of YPRA Services, including but not limited to your use of the following features: Pages, which are pages where businesses, brands, organizations, artists, and public figures are represented on YPRA that may be followed by users (“Pages”); Groups, which are communities where YPRA members can gather to communicate and share about a given topic (“Groups”); and Events, which are events that may be scheduled through YPRA, including with other users (“Events”). As a condition of your use of the Site, you represent and warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of a third party, you may NOT:
Selling usernames, Page names, Group names: You may not buy or sell YPRA usernames, Page names or Group names.
Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting, as determined in YPRA’s sole discretion. Some of the factors we may take into consideration when determining whether conduct is username, Page name, or Group name squatting include:
Fake Accounts: You may not register or create fake and misleading, deceptive or fraudulent accounts, as determined in YPRA’s sole discretion. While you may use YPRA pseudonymously or as a parody, commentary, or fan account, you may not impersonate or falsely represent a brand, entity, or public figure, or use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate conversations on YPRA. Some of the factors that we may take into account when determining whether an account is fake include:
Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
More on Spam: You may not use YPRA’s services for the purpose of spamming anyone, as determined in YPRA’s sole discretion. Spam is generally defined on YPRA as bulk or aggressive activity that attempts to manipulate or disrupt YPRA or the experience of users on YPRA to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
We may also remove accounts which YPRA at its discretion attributes to entities known to violate the YPRA Terms of Service.
Additional Policies for Pages, Groups, and Events
Rights Reserved
At its discretion, YPRA may permanently cancel accounts of users who violate the TERMS. YPRA reserves the right to view Private Groups for the purposes of fixing issues, to respond to complaints about Terms violations, or when required to do so by law. YPRA reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the YPRA Open Group Directory to assess compliance with this Terms of Service. YPRA reserves the right to remove objectionable content without notice. YPRA can remove any content or information you post at YPRA if we believe that it violates our Terms.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
YPRA reserves the right to ban Pages, Groups and users that do not comply with these Terms as assessed in YPRA’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of YPRA, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact YPRA Customer Support to request more information. We reserve the right to respond or not respond to such requests. You are required to comply with the rules in these Terms.
While we have the right to monitor activity and content associated with YPRA, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using YPRA, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at YPRA or endorse any opinions expressed at YPRA. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, 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, access to, or denial of access to any content on the Website.
Due to storage limitations and expenses, YPRA reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. YPRA will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days’ notice and options on how to keep their content and account at YPRA or how to download their content onto their personal computers. YPRA will give one final notice at least 48 hours prior to deleting an account.
YPRA reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into YPRA for at least 6 months or do not post to the Page or Group for at least 6 months. Once the transfer of a Page or Group ownership and administration is effected by YPRA, it may be transferred subsequently at any time by YPRA.
Purchases
There are no fees for use of many of the features on YPRA. However, premium features and subscriptions (“Premium Services”) are available for purchase by YPRA members for additional services YPRA may offer. YPRA may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability. If you break any of YPRA’s Terms in the use of your YPRA account and/or in the use of its premium features and subscriptions that you have purchased, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
Who Our Services Are For
The use of YPRA is for all persons age 18 and over who agree to these Terms. YPRA Terms and Privacy Policy are in force and applicable for all times when users access YPRA Sites and Services.
Third Party Sites
Persons age 18 and over may connect to 3rd party sites in which they have accounts through YPRA’s convenient “Social Networks” services. When connected to and engaged in 3rd party sites through YPRA, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy policies and other terms of that 3rd party site. This also applies if you click on an advertisement or coupon. YPRA is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services. If you connect to YouTube with your use of the Site or Services, you are agreeing to be bound by the YouTube Terms of Service. YOUR USE OF THIRD-PARTY SITES OR SERVICES IS AT YOUR OWN RISK.
Privacy and Passwords
Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your YPRA account information, including your username and password. You are responsible for all activities that occur under your YPRA account and you agree to notify YPRA immediately of any unauthorized access or use of your YPRA account. YPRA is not responsible or liable for any damage or loss related to any unauthorized access or use of your YPRA account. For more information on the importance and protection of your privacy at YPRA, please see our Privacy Policy.
You are responsible for safeguarding the password that you use to access YPRA and for any activities or actions made through your account with YPRA. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. YPRA cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Availability, Errors and Inaccuracies
We make a conscientious effort to describe and display Services accurately on the Site. Despite these efforts, a small number of Services may be described inaccurately, or unavailable, and we may experience delays in updating Service information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, specifications, and availability. We reserve the right to change or update Service information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in Service information, we will cancel your Purchase and notify you of such cancellation based on contact information you provide to us for the Purchase.
User Content Ownership
You are our customer to delight, not data to sell or allow others to target. You own your content. We don’t. We don’t share your content with marketers. Third parties cannot pay YPRA to target you. At YPRA you have full control over your newsfeed and the order of how posts appear.
For that reason, materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of YPRA (“User Content”) are owned by the party contributing such content. As a user of YPRA, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using YPRA you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
YPRA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through YPRA is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using YPRA.
By submitting, posting or displaying User Content through the Site and Services, you grant YPRA a worldwide, royalty-free, non-exclusive license to copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, or otherwise use User Content, including for the purpose of providing and improving the Site and the Services.
Our Commitment To Data Security
YPRA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to YPRA and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the YPRA Service is never recommended. Once we receive your transmission of information, YPRA makes commercially reasonable efforts to secure our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards or otherwise. If YPRA learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. YPRA may post a notice on the Site or through the YPRA Service if a security breach occurs.
YPRA Content Data
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. YPRA uses your Content Data for the sole purpose of serving and providing you with the full experience of YPRA. You control how we process your Content Data through Privacy & Sharing settings in your account at YPRA.
YPRA Invitations
You may also choose to use the YPRA Invitation Service. If you choose to use this service, YPRA will access your address book on your behalf. On Desktop you have the choice of uploading your address book to your YPRA account by giving YPRA permission to do this on your behalf. You also have the choice to give the YPRA App permission at your request to access your address book. Additionally, you have the choice to invite individual friends or contacts to connect with you on YPRA using your personalized YPRA link, QR code, and you may send them SMS or e-mail invitations using the YPRA Invitation Service. If you give YPRA permission to upload your address book in order to serve your needs with invitations, YPRA may store a copy of the phone numbers, emails, and names in your address book on YPRA servers. This information is only used to provide you with the YPRA Invitation Service.
Notification of Requests for Account Information
YPRA's policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, YPRA is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by YPRA.
a. Service of Legal Process
Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding YPRA's customers may be personally served at, or mailed to the address below. YPRA will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter interrogatory. Civil subpoenas require personal service and will not be accepted via fax.
b. Valid Legal Process is Required Before Disclosure
For all YPRA customers disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own Terms and Privacy Policy. In general, we will turn over “basic subscriber” records (i.e., name, email address, phone number, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over User Content stored on our servers, such as posts, photos, videos, documents, etc. Requests by law enforcement agencies require a valid search warrant or equivalent from an agency with proper jurisdiction over YPRA.
Indemnity
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless YPRA, its affiliates and subsidiaries and its and their officers, directors, employees, agents, contractors, assigns, and other partners from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees) and any and all direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your access to or use of YPRA; ii) unauthorized access to or alteration of your communications with or through YPRA, iii) your breach of any provision of these Terms; or iv) any other matter relating to YPRA. Any business transactions which may arise between users from their use of YPRA are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions. YPRA will provide you with notice of any such claim or allegation, and YPRA will have the right to participate in the defense of any such claim.
Disclaimer
YPRA is not responsible or liable for any viruses or other contamination of your system or for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the Services, including without limitation, any material posted to the Site. The Services and all materials contained therein are distributed and transmitted on an “as is” and “as available” basis. YPRA DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL YPRA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS, OR ANY OF ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF YPRA OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Ownership In and To The Site and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“YPRA Content”); and (b) YPRA's trademarks, logos, and brand elements (“Marks”). The Site and Services, YPRA Content, and Marks are all protected under U.S. and international laws. YPRA, My Cloud, Check It Out, Practice Safe Sharing, the YPRA logo, and other YPRA logos and names are trademarks of YPRA. You agree not to display or use these trademarks in any manner without our prior written permission.
Under these Terms, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and to download and print copies of any YPRA Content on any Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such content. The foregoing license does not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke this license at any time and for any reason without notice.
Except as otherwise expressly provided in these Terms, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit content on or through YPRA Content or Marks in any form or by any means without our express prior written permission.
We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that you have the legal rights to disclose any ideas or information you include in your Feedback. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
The presence of any YPRA Content on this Site does not constitute a waiver of any right to such YPRA Content. You do not acquire ownership rights to any such YPRA Content viewed through this Site. Subject to your compliance with these Terms, we will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms.
Notice For California Users
Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Other Provisions
YPRA is provided to people by HARD TIMES MEDIA, INC. , a company based in Orange Park, Florida.
Under no circumstances will YPRA be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of YPRA to enforce any right or provision of these Terms will not prevent YPRA from enforcing such right or provision in the future.
YPRA reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Los Angeles County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Changes to these Terms of Service
We are continually improving and adding to the features and functionality of this Site and the Services we offer through this Site. As a result of these changes (or changes in applicable law), we may need to update or revise these Terms of Service from time to time. Accordingly, we reserve the right to modify these Terms of Service at any time and in our sole discretion, without prior notice, by posting the revised version of these Terms of Service to the link marked “Terms” at the bottom of each page of this Site. Any modifications will be effective 24 hours after posting through the Site or delivery of such other notice. You must cease using the Site or terminate these Terms of Service at any time if you do not agree to any changes. However, your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service.
Whenever we do change these Terms of Service, we will also change the “effective date” at the bottom of these Terms of Service. If you have not visited this Site in the last sixty days, be sure to check the effective date to see if these Terms of Service have been revised since your last visit.
Effective July 27, 2024