Terms & Conditions
Your Privacy. Your privacy is important to us. By using the Services or agreeing to these Terms, you consent to We say YES’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
a.You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. We say YES cannot be held responsible for Your Content or the material others upload, store or share using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve We say YES products and services, you grant to We say YES a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services.
Code of Conduct.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii.Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
iv. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
v. Don’t circumvent any restrictions on access to or availability of the Services.
vi. Don’t infringe upon the rights of others (e.g., unauthorized use of copyrighted music or other copyrighted material, , or photographs).
vii. Don’t engage in activity that violates the privacy of others.
viii. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your We say YES account. When investigating alleged violations of these Terms, We say YES reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Using the Services & Support.
a. We say YES account. You’ll need a We say YES account to access many of the Services. Your We say YES account lets you sign in to products, websites and services provided by We say YES and some We say YES partners.
i. Creating an Account. You can create a We say YES account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your We say YES account . You cannot transfer your We say YES account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your We say YES account .
ii. Account Use. You must use your We say YES account to keep it active. This means you must sign in at least once in a 12 month period to keep your We say YES account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Service. If you don’t sign in during that time we will assume your We say YES account is inactive and will close it for you. If we reasonably suspect that your We say YES account is being used by a third party fraudulently (for example, as a result of an account compromise), We say YES may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.
iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of “majority” where you live to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a We say YES account .
iv. Closing Your Account.
You can cancel specific Services or close your We say YES account at any time and for any reason.
If your Services are canceled or your We say YES account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your We say YES account or will otherwise disassociate it from you and your We say YES account (unless we are required by law to keep it). Third, you may lose access to material or products you’ve acquired.
b. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your We say YES account. If you gave us your phone number in connection with your We say YES account , then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
c. Support. Customer support for the Services is available
d. Service Availability. The Services offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your We say YES account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
e. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and We say YES is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored.
Updates to the Services or Software, and Changes to These Terms.
a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your We say YES account.
b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. We say YES isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or stop Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
Software License. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by We say YES. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and We say YES reserves all rights to the software not expressly granted by We say YES, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless We say YES expressly authorizes you to do so;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your We say YES was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
b. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that We say YES has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
c. Canceling the Services. You may cancel a Service at any time, with or without cause. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
d. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
e. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Santa Clara County, California, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
Warranties. We say YES, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. We say YES DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from We say YES or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $5.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
Your privacy is important to us. This privacy statement explains what personal data We say YES collects from you, through our interactions with you and through our products, and how we use that data.
Personal Data We Collect
We say YES collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create a We say YES account submit a consent recording to our servers or register for a We say YES event. We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties.
How We Use Personal Data
We say YES uses the data we collect to operate our business and provide you the products we offer, which includes using data to improve our products and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, security updates and product information. And we use data to help show more relevant ads, whether in our own products supported by advertising, or in products offered by third parties. However, we do not use what you say in your consent recordings to target ads to you.
Reasons We Share Personal Data
We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with We say YES-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of We say YES.
How to Access & Control Your Personal Data
You can view, edit, or delete your personal data online for many We say YES products. You can also make choices about We say YES’s collection and use of your data. How you can access or control your personal data will depend on which products you use.
You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from We say YES.
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