YAP Club is a social networking site that allows you to interact with other members. The site is operated by YAP Club, LLC DBA YAP Club. To become a member of the YAP Club web site, you must read and accept all of the terms and conditions of this agreement, the Privacy Policy and the Event Waiver. If you do not agree to be bound by the terms after you read this Agreement, you may not use YAP Club.

ELIGIBILITY
You must be eighteen or over to register as a member of YAP Club or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

TERM
This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason from your account management page. YAP Club may terminate your membership for any reason, at any time. If YAP Club terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

MODIFICATION OF THESE TERMS OF USE
YAP Club reserves the right to change the terms, conditions, and notices under which the YAP Club Web Site is offered by posting ammended terms to this Web site, including but not limited to the charges associated with the use of the YAP Club Web Site.

EVENT POLICY
Remember that you are representing YAP Club while participating in any YAP Club event! Please conduct yourself in such a way as not to detract from the enjoyment of the other Participants (at all times). Please adhere to the following guidelines when attending an event:

• Any member with excessive behavioral complaints will have their membership revoked



• Firearms/weapons are prohibited on all Events



• Illegal drugs and substances of any kind are prohibited on all Events



• People under the age of 18 are not permitted at any YAP Club events



• By Attending an event, you agree to allow any photo, video or film likeness to be used for any legitimate purpose by YAP Club.

MATERIALS PROVIDED TO YAP CLUB OR CONTENT POSTED ON THIS SITE
YAP Club does not claim ownership of the materials you provide to YAP Club (including feedback and suggestions) or post, upload, input or submit to any YAP Club Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting YAP Club, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. YAP Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in YAP Club's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY SITES
The YAP Club Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of YAP Club and YAP Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. YAP Club is not responsible for webcasting or any other form of transmission received from any Linked Site. YAP Club is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YAP Club of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the YAP Club Web Site, you warrant to YAP Club that you will not use the YAP Club Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the YAP Club Web Site in any manner which could damage, disable, overburden, or impair the YAP Club Web Site or interfere with any other party's use and enjoyment of the YAP Club Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the YAP Club Web Sites.

NON COMMERICIAL USE BY MEMBERS
The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

MEMBER CONDUCT
As a condition of your use of the Service, you guarantee to YAP Club that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

MEMBER DISPUTES
You are solely responsible for your interactions with other YAP Club Members. YAP Club reserves the right, but has no obligation, to monitor disputes between you and other Members.

PROPRIETARY RIGHTS
You acknowledge and agree that the YAP Club content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Service by YAP Club, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the Agreement.

Certain names, logos, and other materials displayed on the YAP Club web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of YAP Club. Ownership of such IP rights remains with YAP Club. You are authorized to use such IP rights during the process of promoting and using YAP Club hosted by the Service.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the YAP Club Web Site are: Copyright 2003-2005 YAP Club and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE YAP Club WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YAP Club AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE YAP Club WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE YAP Club WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YAP Club AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE YAP Club WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. YAP Club AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YAP Club AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE YAP Club WEB SITE, WITH THE DELAY OR INABILITY TO USE THE YAP Club WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE YAP Club WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE YAP Club WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YAP Club OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE YAP Club WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YAP Club WEB SITE.

DISPUTES
If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Dallas.

INDEMNITY
You hereby agree, at your expense, to indemnify, defend and hold YAP Club, harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service, (b) any fraud or manipulation, or other breach of this agreement, by you, or (c) third party claims, actions or allegations brought against YAP Club arising out of your use of the service or software.

OTHER
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and YAP Club regarding the use of the Web site and/or the Service. The failure of YAP Club to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.