Yard Sign GPS Terms of Service
1.0 REVISIONS TO THE TERMS OF SERVICE
Accounts on the YardSignGPS Service are available only to persons of legal age to form a binding contract and who are not barred from receiving services under the laws of Canada, the US, or other jurisdictions in which we operate; or to minor children over the age of 13. A minor over the age of 13 may use the YardSignGPS Service only if registered to do so by his or her parent. A parent registering a minor child over the age of 13 accepts full responsibility for all obligations under these Terms. Under no circumstances will the YardSignGPS Service be available to minors under age 13.
By registering an account, you represent that you are a person of legal age to form a binding contract; are not a person barred from receiving services under the laws of Canada, the US, or other jurisdictions; and are accepting these Terms on behalf of yourself or your minor child. Accounts are personal and may not be shared with, or transferred to, anyone, except for a parent or guardian, who may permit one child over the age of 13 to use the account instead of you (in which case you may not use that account). You are liable for all activities conducted through your account, and parents or guardians are liable for the activities of their minor children.
If you are registering an account on behalf of a company, organization, government, or other group, you represent and warrant that you are authorized to do so, and you are responsible for ensuring that only authorized individuals have access to the account.
It is your responsibility to protect access to your account’s username and password. We expect that most users will be individuals, and that multiple members of an organization or company would each have individual accounts. If you choose to share your account’s username and password, you are responsible for the actions of anyone using your account. We strongly recommend against sharing accounts. Contact us immediately if you believe that your password or other account information has been compromised or taken.
To create an account, you must register to use the YardSignGPS Service. To register, you must provide your full name and e-mail address, and select a user name. User names shall not contain profanity or defamatory or derogatory marks in any language; infringe on the rights of any person, whether living or dead; contain names of celebrities or media personalities; or violate trademarks. Upon registration, you must choose a password. You are also required to provide complete and accurate user information. We strive to respect your privacy by only requiring that you provide your name and an e-mail address; however, you may provide additional information upon registration. As a condition of using the YardSignGPS Service, you agree that all user information you provide will be accurate. If you provide inaccurate information, your account may be terminated.
A. YardSignGPS Service Content
All aspects and content provided as part of the YardSignGPS Service (“YardSignGPS Service Content”) is our property, with the exception of User Content (see below). YardSignGPS Service Content may not be modified, copied, distributed, reproduced, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the YardSignGPS Service and the YardSignGPS Service Content, and to download or print a copy of any portion of the YardSignGPS Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish YardSignGPS Service Content on any Internet site, on any other public or private site, or incorporate the information in any other database. Such license is subject to these Terms. Any use of the YardSignGPS Service or of the YardSignGPS Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Unless expressly provided herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
B. User Content
The YardSignGPS Service relies on user-submitted content, and encourages you to upload and share pictures or other content. Any content shared or uploaded by you is “User Content.” You may have certain intellectual property rights in the content that you upload. By enabling the content you upload to be accessed by the YardSignGPS Service, you are giving us a broad license to use your content. Specifically, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our YardSignGPS Service), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the YardSignGPS Service and to create new services if we so choose. This license continues even if you stop using the YardSignGPS Service (an example of this would be if you stop using the YardSignGPS Service and have not deleted your User Content). By uploading User Content, you warrant that you have the necessary rights to grant us this license for any content that you submit to our YardSignGPS Service. You acknowledge that we do not independently investigate the validity, authenticity, propriety, or copyright of User Content. If concerns are brought to our attention regarding whether User Content should be removed, we reserve the right to remove such content without notice.
5.0 DMCA COPYRIGHT POLICY
We respect the intellectual property rights of users and of the public, and it is our expectation that our users will do the same. However, we do not independently investigate User Content. If you are a copyright owner or authorized to act on behalf of a copyright owner, please contact us using the notice required by the Digital Millennium Copyright Act (“DMCA”). We will make every effort to respond quickly to claims of copyright infringement.
Please use the form provided below:
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
1) Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link on the yardsigngps.com website or the exact location where such material may be found.
3) Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4) Include all of the following statements in the body of the Notice:
a. “I have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law.”
b. “Under penalty of perjury, I confirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed.”
c. “I verify that the information provided in this Notice is accurate.”
5) Include your typed or handwritten full legal name. If you submit the Notice using electronic mail or an online form, your typed full legal name will act as your electronic signature.
6) Deliver this Notice, with all items completed, to YardSignGPS’ Designated Copyright Agent: Copyright Agent / Yard Sign GPS, LLC / 16 N. Bryn Mawr Ave. #718 / Bryn Mawr, PA 19010 / email@example.com
6.0 ACCESSING THE YARDSIGNGPS SERVICE
You may not do any of the following, unless we have given you our express prior written permission:
• You will not collect users' content or information, or otherwise access the YardSignGPS Service, using any automated means (including, for example, scraping tools, robots, spiders, or other content harvesting tools that locate and copy content).
• You will not provide others with any YardSignGPS Service Content or User Content. This includes providing access to the YardSignGPS Service within a window, frame, or other interface that alters the user interface of the YardSignGPS Service.
• You will not access the YardSignGPS Service through any interface other than through an interface specifically provided by us for such access.
• You will not attempt to use, alter, or tamper with any non-public areas of the YardSignGPS Service or of the computers, networks, or delivery systems of either us or of our service providers.
• You will not circumvent or attempt to circumvent any of our security measures. This includes, but is not limited to, probing, scanning, or otherwise testing our systems for vulnerabilities.
• You will not use proxies or other efforts to evade our security measures.
• You will not use the YardSignGPS Service to send information containing altered, deceptive, or otherwise false source information (which could include, for example, identities, website or e-mail addresses, TCP-IP addresses, TCP-IP packet information, or e-mail headers).
• You will not cause, or attempt to cause, an unreasonable burden on either the operation of the YardSignGPS Service or access to the YardSignGPS Service.
You acknowledge that we may communicate with you about such permission or lack thereof by our using an interface within the YardSignGPS Service or by our using the contact information you have provided to us on your account. If you access the YardSignGPS Service without permission you may be subject to civil or criminal penalties, to the extent permitted by law.
7.0 ACCURACY OF THE YARDSIGNGPS SERVICE
We rely on User Content and cannot guarantee the accuracy of such content. Despite our efforts and those of our users, User Content could potentially contain inaccurate geographic information or content.
We may suspend or remove your account and your right to use the YardSignGPS Service immediately and without notice for any of the following reasons, which are not all-inclusive and are to be broadly construed:
• If you violate any provision of the Terms.
• If you take any action to defeat the geolocation features of the YardSignGPS Service when submitting User Content for which geolocation information is required.
• If you repetitively stake ineligible yard signs (“Spamming”) or excessively flag other users’ yard signs (“Trolling”). Examples of “Spamming” and “Trolling” can be found in our FAQ sections.
• If you infringe any intellectual property rights.
• If we are unable to verify or authenticate any information you provide to us.
• If you engage in behavior which we, at our sole discretion, determine is inappropriate, disrespectful of others, offensive, or infringes upon the use and enjoyment of others.
• If you cause an unreasonable burden on either the operation of the YardSignGPS Service or access to the YardSignGPS Service.
• As required by law.
If we suspend or terminate your account, you will lose access to your account. In the event that we terminate your account, you agree that we will not be liable to you for financial compensation or any non-financial remuneration.
THE YARDSIGNGPS SERVICE IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure that the YardSignGPS Service will be continuous, error-free, secure, or free of malware or viruses. Access to the YardSignGPS Service is not guaranteed. You agree to assume the risk as to the results and performance of the YardSignGPS Service on your hardware and software, and you assume the entire cost of all servicing, repair, or correction of your hardware and software.
IN NO EVENT SHALL WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE WEBSITE, YOUR ACCOUNT, OR THESE TERMS INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE US FROM SEEKING ANY INJUNCTIVE RELIEF.
Each provision of the Terms shall be interpreted in such a manner as to be valid, legal, and enforceable. A determination that any provision of the Terms is for any reason invalid, illegal, or unenforceable shall not affect the validity of the Terms and any other provisions herein, and the Terms shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein.
12.0 WAIVER AND AMENDMENT
No breach of any provision of the Terms can be waived by us unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision of the Terms.
Paragraph titles or captions contained in the Terms are used for convenience or reference only and are not intended to and shall not in any way enlarge, define, limit, extend, or describe the rights or obligations of you or us or affect the meaning or construction.
FOR LEGAL DISPUTES The Terms shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively by binding arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Administered Rules” or “Rules”) by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be selected by us, and will be within 50 miles of Philadelphia, Pennsylvania.
If there is a conflict between the terms of this Policy and the Terms of Service, then this Policy shall control. If you have any questions regarding this Policy or the YardSignGPS Service, please contact firstname.lastname@example.org.
Please note that this Policy only applies to the YardSignGPS Service.It does not apply to any information that you share with any third party or on any other external forum or communication node (for example, Twitter, Facebook, Pinterest, Google+, iMessage, a website, a blog, an e-mail, etc.) made available through the YardSignGPS Service. In other words, we are not responsible for the privacy practices of any entity or service that we neither own nor completely manage or control.
1.0 REVISIONS TO THIS POLICY
This Policy may be updated from time to time on the YardSignGPS Internet website (“the Website”). The actions we take with regard to collecting and sharing information are subject to the Policy posted at that time. It is your responsibility to periodically review the Policy to see recent changes. If you choose not to review any of the recent changes or are unaware of any recent changes, you agree that you accept the revised Policy.
2.0 PERSONALLY IDENTIFIABLE INFORMATION COLLECTED FROM YOU
A. Information required to set up a User Account
In order to use the YardSignGPS Service, you must provide your first and last name as well as a valid e-mail address, which will be your login id and unique identifier. You may also choose to provide the name of your company or organization, but this information is optional. After you press on “Sign Up” (and formally agree to this Policy and our Terms of Service), you will be prompted to activate a link that we will send to your chosen e-mail.
B. User-provided information for User Profile
You may also decide to provide us with additional information about yourself and the activities for which you are using the YardSignGPS Service. For example, you have the option to include the name of your company or organization (if you haven’t already done so), your telephone number, your e-mail, any website of your choosing, a personal avatar or photograph, and a user description. Such information helps us provide you with a more dynamic user experience, but could also allow a third party to either identify you personally or contact you directly.
C. Social Networking
As a convenience to you, the YardSignGPS Service provides you with access to external communication nodes and third party social networks, such as Facebook, Twitter, Pinterest, iMessage, and others. In general, this will be through a sharing interface or link provided on the “Sign Info” or “User Info” screens. When you share information with a social networking application or site, you could disclose information (for example, your name, picture, location, friends, or other personal details) that could become public knowledge. You agree that your usage of such social networks is done at your sole risk and that we would be unable to guarantee your privacy.
D. Financial Information
The YardSignGPS Service operates under a yearly subscription model via Apple’s App Store (and its associated provisions) and thus will not be directly asking you for any credit card information. Please also note that such a subscription fee, which is quite modest, gives us relative independence from third party marketers, banner advertisers, and data miners; it also allows us to pay for our data intensive servers. If, however, there is a change in our business model (and we hope not), we will clearly indicate so in a later version of this Policy.
3.0 DEVICE AND LOCATION INFORMATION
The YardSignGPS Service relies on users who share information about physical yard signs, and to make such information graphical and temporal, or, in other words useful, we will have to publicly display when and where a user has taken or uploaded a specific photo via our “Stake It!” screen. In this regard, your mobile device offers specific privacy opt-out features, such as the ability to not disclose your location or your camera roll photos. It is your responsibility to be aware of such opt-out privacy features, some of which we will explain below.
A. Data Tracking
We may rely on cookies, pixels, tags, beacons, local storage, and other related technology to track and retain user, device, and website activity, mainly to do the following: (a) identify the unique id numbers and IP addresses of various devices and browsers; (b) retain user activity logs, inputs, clicks, and related data; (c) analyze user preferences and behavior; and (d) help us develop better search features given the preceding. If you are uncomfortable with us storing such information, you can always request that we delete your user account. However, if you do so, we will no longer be able to recognize your e-mail address, and you will have to create another user account to access the YardSignGPS Service.
We store GPS-related information about the whereabouts of your mobile device when you access the YardSignGPS Service. This is a core function of the YardSignGPS Service, without which, it would be quite difficult to reliably pinpoint the location of any physical yard sign of which you take pictures in real-time. To this end, you agree that you will provide accurate and timely geolocation information about the whereabouts and characteristics of any physical yard sign when you stake digital equivalents onto our search map. Any manipulation of such geolocation information will result in account termination. If you choose to turn off your device’s location services, the YardSignGPS Service will still allow you to view other users’ publicly posted sign icons and accompanying information without interruption. You will not, however, be able to use numerous features, such as staking a yard sign, obtaining directions to a specific sign, and locating your relative position on our search map.
C. Camera Roll
As another convenience, the YardSignGPS Service allows users to upload some or all of their photos via the “Stake It!” camera roll button. However, to provide such a feature, we will need permission to access the photos on your mobile device. If you do not grant us this permission, the YardSignGPS Service will not access them, and you will not be able to upload anything via camera roll; though, you will still be able to take real-time pictures of your yard signs.
4.0 YARD SIGN GPS, LLC AND YARDSIGNGPS SERVICE INFORMATION STORAGE
The YardSignGPS Service is operated by Yard Sign GPS, a Limited Liability Company formed in the United States of America, with its offices located at 268 W. Montgomery Avenue - Carriage House, Haverford, PA 19041. When you provide us with personal information, including your name, e-mail address and other information, you agree that we may store, process, export, or otherwise access this information on servers located outside the European Economic Area (“EEA”). You also agree that we may share your information with our business partners, vendors, or advertisers.
5.0 HOW YOUR INFORMATION IS USED
The YardSignGPS Service is intended to connect you with events, places, and organizations that define local communities, and to do so, we will need to graphically display publicly posted content, some of which may be yours. As stated elsewhere in this Policy, it is our goal to provide you with the ability to choose what personally identifiable information you provide to us.
We will not sell, rent, or lease your personally identifiable information to others without clearly disclosing such intentions in an updated version of this Policy. Only registered users of the YardSignGPS Service will have access to your publicly posted information, and where necessary for performing services for us, our business partners may also access that information. We do not currently share user information with advertising partners (nor do we intend to); however, we reserve the right to do so in the future. We will make reasonable efforts to give you the ability to choose what personal information you provide to us while accessing the YardSignGPS Service.
As a matter of standard procedure, information submitted by you will generally be stored indefinitely on our servers. That said, if we are required by law to delete information from our databases, such as under the Child Online Privacy Protection Act (“COPPA”), or if you were to make such a deletion request, we will do so.
6.0 PRIVACY SETTINGS
Yard Sign GPS, LLC believes that a user has the right to choose his or her level of privacy, and, as such, we have made it easy for any user to edit, delete, or switch off any personal information in his or her “Profile,” “Vault,” or “Sign Info” screens. Please refer below to see how to make any of the following inputs private:
(User name) Each user must have either a first/last name or a company/organization name associated with his or her public profile. The first/last name cannot be deleted. However, if a user includes his or her alternate company/organization name, he or she can switch on that field for public view. In that case, his or her first/last name will be correspondingly switched off and hidden from public view.
(User photo or avatar) This can be entirely deleted.
(Personal description) This can be entirely deleted.
(Phone number) This can be entirely deleted.
(Website) This can be entirely deleted.
(Email) This can be switched off from public view. However, since it’s a user’s unique identifier, it can neither be edited nor deleted.
(My followers) This can be switched off and locked from public view. However, if you have already accepted another user’s following request, that user and any of his or her followers or following may be able to view your profile.
(My following) This can be switched off and locked from public view. However, if you have already followed another user, that user and any of his followers or following may be able to view your profile.
(Accept new followers) This can be switched off and locked from public view.
(Sign description) This can be entirely deleted.
(Sign location, category, and photos) These can be entirely deleted in “Vault.”
So, given the above, if a user wants to remain anonymous and yet still view other signs, he or she should refrain from posting any public yard signs and following any users. Once a user does post a yard sign, his or her profile becomes public realm and open to follower requests, though he or she can still modify or remove any of his or her personal details, as well as deny or lock out new follower requests.
7.0 AGE RESTRICTIONS
The YardSignGPS Service is not meant to be used by anyone under age 13. If you are under age 13, you may not download our mobile applications or access the YardSignGPS Service. Accounts found to be in violation may be deactivated and deleted. If you are a parent of a child under age 13 who is using the YardSignGPS Service, please contact us at email@example.com and provide your full name, address, phone number, email address, and user name.
Your profile on the YardSignGPS Service is password protected. However, it is important that you exercise caution for such password protection to be of use. Some simple practices you could take advantage of are logging out of your user account; choosing a long password with numbers, letters, and symbols; periodically changing your password; and remembering to never give your password to anyone. Related, in the unlikely case of a systemic data breach, we reserve the right to inform all users via e-mail about any potential mishandling of their personal information.
9.0 NECESSARY DISCLOSURES
In situations where it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, violations of the Terms of Service, or to otherwise comply with the law, we will do so. Also, where necessary in the event of a merger, consolidation, or sale of all or substantially all of our assets, we may share your information with a third party without your prior consent.
Notwithstanding the foregoing policies and precautions that we exercise, we expressly disclaim any liability that may arise from your provision of any information about yourself to the YardSignGPS Service. To this extent, you agree to hold us harmless from any liability related to your provision of personal information to the YardSignGPS Service. Moreover, you understand and agree, as provided by the Terms of Service, that you grant us a worldwide, non-exclusive, royalty-free license to display, copy, reproduce, publish, distribute, adapt, or modify anything to which you hold proprietary rights and which you publicly post on the YardSignGPS Service. In that regard, please be mindful of what you post in the public domain.
11.0 OTHER LEGAL NOTICES
Any dispute over privacy is subject to this Policy and our Terms of Service. If you have any concern about your privacy in connection with this Policy, please send us a thorough description to firstname.lastname@example.org, and we will try to resolve it.