Legal

Terms of Service

By using the app Yik Yak, you agree to be bound by the following Terms and Conditions. Yik Yak reserves the right to change these Terms and Conditions at any time without notice. Your continued use of Yik Yak constitutes your consent to such changes.

  • Physical persons must be 17 years or older to use this service.
  • You may only use Yik Yak if you can form a legally binding contract with Yik Yak and are not a person barred from receiving services under the laws of any applicable jurisdiction.
  • The content you submit, post, or display will be viewable by others. You are responsible for the data you transmit using the Yik Yak service.
  • You retain your rights to any content you submit, post, or display on or through the Yik Yak service. By submitting content through the Yik Yak service, you grant Yik Yak a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods. Such additional uses by Yik Yak, or other companies, organizations, or individuals who partner with Yik Yak, may be made with no compensation paid to you with respect to the content that you submit, post, transmit, or otherwise make available through the Yik Yak service.
  • Yik Yak may modify or adapt your content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services, or media.
  • You are hereby granted a non-exclusive, non-transferable, worldwide right to access and use the Yik Yak service, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms and Conditions. All rights not expressly granted to you are reserved by Yik Yak.
  • You understand that the content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other materials related to the Yik Yak service are the property of Yik Yak and are protected pursuant to applicable copyright, trademark, and other proprietary rights laws.
  • You understand that in using the Yik Yak service you may encounter content that may be deemed objectionable, obscene, or in poor taste, which content may or may not be identified as having explicit language. The Yik Yak service allows for anonymous content that Yik Yak does not monitor. You agree to use the Yik Yak service at your own risk and that Yik Yak shall have no liability to you for content that you may find objectionable, obscene, or in poor taste.
  • You shall abide by all applicable local, state, national, and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your use of the Yik Yak service and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications, and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:
    • Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal, or otherwise objectionable material or content;
    • Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
    • Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
    • Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • Harvest or otherwise collect information about others, including email addresses, without their consent;
    • Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
    • Transmit or encourage the transmission of unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
    • Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
    • Transmit or encourage the transmission of any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
    • Interfere with or disrupt networks or websites associated with the Yik Yak service or violate the regulations, policies, or procedures of such networks;
    • Attempt to gain unauthorized access to the Yik Yak website, Yik Yak service, other accounts, computer systems, or networks associated with the Yik Yak service, through password mining or any other means;
    • Interfere with another person’s use and enjoyment of the Yik Yakservice or use and enjoyment of similar services.
  • You may not use the Yik Yak service to collect sensitive information from other users, including, but not limited to, credit card information and social security numbers.
  • If you engage in any activity set forth above or violate any other Terms and Conditions, your account will be terminated and use of the Yik Yak service prohibited.

Yik Yak reserves the right, but has no obligation, to monitor disputes between you and other users.

  • You understand that any account that has been inactive (the user has not logged into the Yik Yak administration tool or received any submissions on their forms) for twelve or more months is subject to termination. Yik Yak will attempt to notify you of such pending termination by sending a message to the email address stored for your account.
  • You understand that all warranties, express or implied, are disclaimed including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for any particular purposes. Yik Yak is not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between Yik Yak and you. The Yik Yak service would not be provided without such limitations. No advice or information, whether oral or written, shall create any warranty, representation, or guarantee not expressly stated in these Terms and Conditions. If you are dissatisfied with the Yik Yak service or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Yik Yak service immediately.
  • You agree to indemnify, defend, and hold Yik Yak and its partners, attorneys, employees, agents, and affiliates harmless from any liability, loss, claim, and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions, use of the Yik Yak service, creation or use of a form, collection, possession, or use of data derived from a form, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees, or assigns.
  • Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that Yik Yak may for a time retain residual information and/or archival copies in its database.

Yik Yak, LLC is in no way responsible for user-generated content. Content posted on this app is subject to:

  • 1st Amendment: Freedom/Anonymity of speech is protected under the 1st Amendment
  • Communications Decency Act: “Operators of Internet services are not to be construed as publishers and thus not legally liable for the words of third parties who use their services”

Yik Yak reserves the right to terminate your account for the violation of any of these terms at any time and without notice.

 

Intellectual Property Infringement

Yik Yak respects the intellectual property rights of others, and we ask you to do the same.  Yik Yak may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Yik Yak’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Yik Yak to locate the material.

  • Information reasonably sufficient to permit Yik Yak to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Yik Yak’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

theyak@yikyakapp.com

OR

Yik Yak

3423 Piedmont Rd NE

Atlanta, GA 30305

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Yik Yak designated agent that includes all of the following information:

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Yik Yak may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Yik Yak reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.