Terms of Service
Yask (the “Platform”) is a mobile application for questions and answers, owned and operated by Andrea Higuera Araque and Alejandro Zuleta Rojas (the “Owners”). Please read these terms of service (“Agreement”) carefully before using the Platform or any services provided on the Platform (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
PLEASE BE AWARE THAT BY USING THE PLATFORM, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Age Eligibility
You must be at least 13 years old to access or use the Platform or Services, including without limitation to complete a Yask account registration. By accessing or using the Services or the Platform in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Platform in any manner, and may not provide any personal information to or on the Services or Platform (including, for example, a name or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the Platform or Services, including without limitation to complete a Yask Account Registration. By accessing or using the Services or the Platform in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Platform in any manner, and may not provide any personal information to or on the Services or Platform (including, for example, a name or email address).
3. Access to the Platform
Any user of the Platform is welcome to participate in community discussions, to answer questions, and to share their knowledge with Platform community participants, provided that they comply with the obligations set forth in these Platform Terms, and to the extent that use of the Platform does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. The Owners reserve the right to refuse, suspend or terminate your access to the Platform if they determine, in their sole discretion, that you have in any way violated these Platform Terms or are otherwise ineligible to access or use the Platform or Services. If your actions are determined by us to violate these Platform Terms, the Owners may, in their sole discretion, try to remediate that violation by working with you individually, but are under no obligation to do so, and if any such remediation efforts are unsuccessful (in the Owners’ sole discretion), then the Owners may revoke your rights to the Platform. You are solely responsible for ensuring that these Platform Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Platform or any Services is revoked where these Platform Terms or use of the Platform or any Services is prohibited or conflicts with any applicable law, rule or regulation.
The Owners will use reasonable efforts to make the Platform available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
4. User Obligations
- To access some of the Platform features you will need to register for an account as an individual and consent to these Platform Terms. If you do not consent to these Platform Terms, the Owners reserve the right to refuse, suspend or terminate your access to the Platform.
- Yask is a community and we expect you to treat each member of the Yask community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of Yask’s Acceptable Use Rules, which are hereby incorporated into these Platform Terms.
- You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Platform or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Platform.
- Some premium or additional features of Yask (including without limitation Yask Translations) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Yask charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Yask.
5. Content Permissions, Restrictions, and Licensing
All materials displayed or performed on the Platform, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "Platform Content") (other than Platform Content posted by individual "Subscriber Content") are the property of the Owners and/or third parties and are protected by United States and international copyright laws ("Yask Content").
All trademarks, service marks, and trade names are proprietary to the Owners and/or third parties and use of the Platform means you agree to abide by all copyright notices, information, and restrictions contained in any Platform Content accessed through the Services.
The Platform is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Platform Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Platform Content, software, materials, or Services in whole or in part. You may download or copy the Platform Content, and other items displayed on the Platform for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.
Any downloading, copying, or storing of any Platform Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the Owners or from the copyright holder identified in the copyright notice.
YASK SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You retain your rights to any Content you submit, post or display on or through the Platform (collectively, "Subscriber Content"). You own your Content (including without limitation any and all text, audio, images and videos that you provide to the Platform).
By submitting, posting or displaying Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world. You agree that this license includes the right for the Owners to provide, promote, and improve the Services. Such additional uses by the Owners 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 Platform.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Platform. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Owners the license described above.
By agreeing to these Platform Terms you also agree to be bound by the terms and conditions of the Acceptable Use Rules incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the Platform is governed by the Acceptable Use Rules.
6. Acceptable Use Rules
The intent of this section is to clarify what we consider to be acceptable use of any service provided on the Yask Platform (collectively "Yask", "Platform").
If you are found to be in violation of any of the below policies, your account will be suspended. We will do our best to work with you and ensure a fair outcome in all cases. We reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be submitting spam or other potentially damaging or disruptive content to the Platform.
When your account is suspended, public access to content contributed under that account may be blocked or removed, and your account may be suspended or deleted at our discretion. Access to other functionality or information within the Platform may also be blocked or disabled.
Illegal Use. Yask may not be used for illegal purposes. Examples of this include using Yask for fraudulent purposes or operating a phishing site (used to obtain account and password information).
Spam. Users that do not publish meaningful content, use deceptive means to generate revenue or traffic, or whose primary purpose is affiliate marketing, will be suspended.
Identity Theft and Privacy. Users that misleadingly appropriate the identity of another person are not permitted. Users may not post other people's personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver's and other license numbers. You may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
Hate Content, Defamation, and Libel. Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.
Disruptions and Exploits. We will terminate accounts and block addresses of those who attempt unauthorized use of the Yask Platform.
Copyright. Using copyrighted material does not constitute infringement in all cases. In general, however, users should be careful when using copyrighted content without the permission of those who created it. It is our policy to respond to notices of alleged infringement sent to email@example.com that comply with the Digital Millennium Copyright Act ("DMCA").
Mass Registration and Automation. Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.
Sexually Explicit Material. Accounts that use Yask to post sexually explicit or pornographic material, or links to it, will be suspended.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE OWNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE OWNERS PROVIDE NO GUARANTEES THAT THE SERVICES OR PLATFORM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDE THE PLATFORM, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PLATFORM TERMS ON AN "AS IS" BASIS.
You will indemnify and hold the Owners, their employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Platform, use of Yask products or services made available on the Platform, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OWNERS AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF THE OWNERS OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT THE OWNERS’ RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. General Provisions
a. Assignment and Jurisdiction
The Owners reserve the right to assign our rights and obligations under these Platform Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These Platform Terms will be governed by and construed in accordance with the applicable laws of Colombia, without giving effect to the principles of that country regarding conflicts of laws. Both you and the Owners hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of Colombia with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Platform or Services. Notwithstanding the foregoing, these Platform Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Platform Terms. The Uniform Commercial Code shall not apply to the provisions of these Platform Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Platform Terms. In the event of any conflict between the terms and conditions of these Platform Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
b. Mandatory Arbitration
YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND THE OWNERS OR THEIR AFFILIATES, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE PLATFORM TERMS, YOUR USE OF THE PLATFORM OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND THE OWNERS SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT IN COLOMBIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Platform Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or these Platform Terms must be filed within one (1) year after such claim of action arose or be forever banned.
You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in Colombia, that the language of the arbitration shall be in Spanish, and that all arbitration proceedings shall be considered confidential in nature.
If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Platform Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be emailed to us at Carrera 7 # 65-23, Bogotá, Colombia, 110231 or by email notification at firstname.lastname@example.org. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Platform Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the "Notices" section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Platform Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us.
The sections entitled "Platform Terms", "User Obligations", "Content Permissions, Restrictions, and Licensing", “Acceptable Use Rules”, "Disclaimer of Warranties", "Indemnification", "Limitation of Liability", “Assignment and Jurisdiction”, "Mandatory Arbitration", "Survival", "Merger and Severability", "Notices", "No Waiver", and "Headings" shall survive any termination or expiration of these Platform Terms.
The Owners reserve the right, in their sole discretion, to modify or replace these Platform Terms, as our business evolves over time and to better provide Services and Products to the Yask community, or to change, suspend, or discontinue the Platform and/or any Services or Products at any time by posting a notice on the Platform or by sending you notice via e-mail or by another appropriate means of electronic communication.
e. Merger and Severability
The parties to these Platform Terms are independent contractors and these Platform Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and the Owners. These Platform Terms represent the entire agreement between you and the Owners and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Platform or Services or Products contemplated hereunder. If any provision of these Platform Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Platform Terms shall remain and continue in full force and effect.
Unless otherwise specified in these Platform Terms, all notices under these Platform Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
g. No Waiver
Our failure to enforce any part of these Platform Terms shall not constitute a waiver of our right to later enforce that or any other part of these Platform Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Platform Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Platform Terms are for convenience only and shall not affect their interpretation.
Last update: July 22, 2018