Terms & Conditions

Version 3.0 - Last revision date: October, 2018

These terms and conditions (“Terms“) set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (“User“) when you access our website at [http://www.yalp.io] (“Website“) and/or access, use or download the Yalp digital application (“Application“) and any services offered in conjunction with the Yalp digital application (“Services“) as they are made available on various digital media devices, such as PDAs, cellular/mobile phones, handheld devices or PCs, (“Devices“), and networks, such as those of mobile operators, internet service providers or cable operators (“Networks“). The Services may include the ability for Users to purchase certain digital products. The Application is a digital application that facilitates the use of Services, which generally consist of a Music Player with digital chords recognition) that provides song chords, artist identification and other detailed meta data about the artist and access to related third party applications (“Third Party Applications“) and websites (“Third Party Sites“), that can be used in conjunction with the Application and/or Services (for example, e-commerce providers, e-mail providers, social networking sites, information and access feature providers). The Website is also a hosting service where Users can upload, their own mp3, picture and to share with other Users on the Website. The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Yalp (“we“, “us” and “our” as appropriate).

We are a company incorporated in Italy. Our registered office is at: Viale Piave 21, Milan, Italy our email: is info@yalp.com.

These Terms may be accessed via the Application directly from your Device, or on our Website at http://www.yalp.io.

Any translation of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (UK) version.

If you wish to use our Website, the Application and/or the Services (collectively referred to as “Yalp“), you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Yalp. You must also pay any charges for the Services which may be applicable, the Services which may be applicable, including all charges relating to purchase and delivery of products.

If any of these terms are unacceptable to you or in the event that any future changes to these terms are unacceptable to you, do not use yalp. your continued use of yalp (including, but not limited to, the downloading of the application or any application upgrades and/or use of the services and the purchase of products) now, or following the posting of notice of any changes in these terms, will be deemed acceptance by you of these terms and any such changes or modifications. You agree to use yalp only for purposes that are legal, proper and in accordance with these terms and any local binding policies or guidelines.

By doing any of the following acts you agree to be bound by these terms:

  • a) expressly accepting these terms of use at any time, for example by clicking on any clearly indicated action phrase on your device.
  • b) downloading the application or downloading an upgrade to the application (which may be offered from time to time).
  • c) purchasing a digital product using the services.

Use of Yalp

By storing Music Products and Stored Content in Music Storage, you are storing a unique copy of such content and requesting Yalp to retain it on your behalf and to make it accessible to you through your Yalp account. By using the Yalp, you are requesting that Yalp make all of the necessary functions and features of the Yalp available to you in order to facilitate your use of Music Products and Stored Content. Additionally, by accessing or using Music Products and Stored Content through the Music Software, you are initiating and performing the corresponding functions on Yalp's servers, together with any related steps necessary to achieve them, through the Yalp. You understand that Yalp, in performing the required technical steps at your direction to provide you with the Yalp, may (a) transmit Music Products and Stored Content over various networks and in various media and (b) make such changes to Music Products and Stored Content as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to Yalp that you have the necessary rights to store in Music Storage any Stored Content that you direct Yalp to upload or store in Music Storage, and to instruct Yalp to perform the actions described in this section.

You may use Yalp for lawful purposes only in accordance with the Purpose of Yalp. You may not aid others in doing anything that you are not permitted to do under the Agreement.

You may not (1) submit or transmit through Yalp any content or material or (2) engage in any conduct, that Yalp in its sole discretion deems:

  • Variolates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights
  • Is unlawful or is otherwise objectionable in our sole discretion, including without limitation materials or conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, invasive of another’s privacy, pornographic or sexually explicit, or tortiously interferes with another
  • Forges email headers or otherwise disguises the origin of any communication
  • Sends unsolicited bulk messages within Yalp’s messaging service
  • Uses automated “bots” to access or compile information posted in connection with Yalp;
  • Victimizes or harasses, degrades, or intimidates any individual or group of individuals
  • Impersonates any person, business, or entity
  • Expresses or implies that any statements you make are endorsed by Yalp without our specific prior written consent
  • That any statements you make and/or conduct undertaken by you are endorsed by Yalp without our specific prior written consent
  • “Frames” or “mirrors” any part of the Yalp, without Yalp’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Yalp or the Yalp in order to direct any person to any other web site for any purpose
  • Modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Yalp or any software used on or for the Yalp, or cause others to do so
  • Encourages conduct that constitutes a criminal act or that gives rise to civil liability
  • Promotes any business other than Yalp or your services as offered through Yalp in accordance with the Purpose of the site; or
  • Violates the Agreement or otherwise interferes with the rights of others

Violation of License Terms

If you violate any of the material terms and conditions of the Terms, your rights under this license will immediately terminate and Yalp may terminate your access to Yalp, the Products and/or your Yalp account without notice and without refund to you.

Age Restrictions

In order to use Yalp you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use Yalp and to accept the Terms. You must not access Yalp if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident or from which you access or use Yalp. You must comply with any additional age restrictions that might apply for the use of specific Content on Yalp.

Basic Use Requirements

To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

Third-Party Fees

You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your purchase and use of Products and Yalp. For instance, you may incur such fees if you use services provided through Yalp on or through third-party services or Devices. You are responsible for all such fees.

Yalp may enable you to use functionalities of Third Party Applications and/or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/or Sites to which we may connect (including, but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location) are subject to the terms and conditions of the relevant application and/or Third Party Sites. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.

We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/or practices of any such third-parties that may be found through Yalp. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/or Sites.

By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/or Sites. Accordingly, we encourage you to be aware when you leave Yalp and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.

We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Yalp or as a result of the failure of such Third Party Applications and/or Sites to function as intended.

Sale, Distribution or Assignment to Third Parties

You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign Products or your rights to Products to any third party without authorization, including with regard to any downloads of Products that you may obtain through Yalp. Use of any tool or feature provided as an authorized part of Yalp (for example, "Social Recommendations") shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Yalp.

Digital Products

If you are (or become) a paying customer of any part of the Application and/ or Services or any other product of Yalp, including by purchasing digital products, we will provide you with relevant information regarding how to place an order, price, delivery procedure and cancellation options on a case by case basis, before completing payment for your purchase. Any purchase will be effective upon the processing of your payment and all sales of digital products on the Services are final.

Except in the case of any subscription you have for the Services, you acknowledge that any consumer cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (to the extent applicable) may not apply to contracts for the purchase of the Application and/ or Services, or any other digital product of Yalp. You hereby agree to waive any other right to cancel your purchase of digital products (if applicable) that may be available to you under any worldwide consumer protection laws and all refunds will be at our sole discretion, or at the discretion of any third party operator of a Third Party Site. If a waiver of such rights is prohibited by law, this cancellation right shall be limited to 7 working days.

You acknowledge that you will not be entitled to any refund for purchases of digital products on the Services, including any purchases made while using the Application.

User-generated Content

We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see our Copyright and DMCA Policy

Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content“). You are responsible for all User Content, as set forth below.

You retain ownership of User Content. All User Content is wholly original to you (or you have permission to post it to Yalp in the way envisaged under these Terms), at your direction and under your control and you understand that you are responsible for that content and any consequences of posting it to Yalp. By sharing User Content via Yalp (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive irrevocable licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Yalp (and any other Third Party Applications and/or Sites). We require such a licence in order to provide certain functionality within Yalp (and any Third Party Applications and/or Sites). Any User Content submitted by you will remain on Yalp indefinitely. You will not have the option to remove your User Content from Yalp at any time, except where you submit a request in writing to Yalp to remove your User Content, which is to be decided by Yalp at our sole discretion. By sharing User Content within Yalp (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.

You understand and agree that if you post any User Content to Yalp which breaches any of these Terms, we have the right to remove the content, at our sole discretion, and terminate your account and you will be responsible to us for any issues arising out of breach of these Terms.

Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.

By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of Yalp.

You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.

The following is a partial list of the kind of User Content that is illegal or prohibited on Yalp. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Yalp of such violators. Prohibited User Content includes content that:

  • a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • b) harasses or advocates harassment of another person;
  • c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  • d) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • e) consists of an illegal or unauthorised copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s);
  • f) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials;
  • g) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • h) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18;
  • i) provides instructional information about illegal activities;
  • j) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • k) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • l) violates anyone’s right of privacy; or
  • m) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.

You hereby waive all moral rights and similar rights in any jurisdiction, including any rights to object to derogatory treatment of the User Content to which you may now or at any future time be entitled.

No Public Performance

You agree not to display content contained in Products in whole or in part as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement). Use of a tool or feature provided as an authorized part of Yalp (for example, "Social Recommendations", as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Yalp.

Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Yalp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Yalp from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Yalp, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Yalp.

Availability of Service

We will do our best to offer you a smooth service, but we give no guarantees that Yalp will be free from faults or that the Services will be provided uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

Adequate Equipment and Bandwidth

To use the Service you to have a computer and webcam or a smartphone. We cannot guarantee that Yalp will function at any given time using any particular hardware or connection.

You further agree that you will not post or transmit any image of another person without that person’s consent. You may not use Yalp in any manner that could damage, disable, overburden, or impair Yalp’s servers, or interfere with any other party’s use and enjoyment of Yalp.

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