ystryr’s Terms of Service

Welcome and thanks for using ystryr. As much as we want you here, we also want to make sure that you follow the rules to make the ystryr experience as pleasant as possible for everyone. Below are the rules of engagement. We have a zero tolerance policy so please play nice. 

ystryr’s Terms of Service aren’t really that different from any other social networking site out there. As our gift to you, we’re giving you two options…the legal mumbo-jumbo we’re required to post, but for a limited time only (OK, not really, but it works for infomercials) we’re translating the legal to context your five year old would understand. Seriously, if you read these and can’t follow them, you should close the computer, pick up the phone and call your grade school teacher’s and demand a redo. 

That being said, let’s get to it.

These Terms of Service are effective on July 1, 2016.

By accessing or using the ystryr website, the ystryr service, or any applications (including mobile applications) made available by ystryr (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Service"). The Service is owned or controlled by ystryr, LLC ("ystryr"). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Service.

 

Basic Terms

  • You must be at least 13 years old to use the Service.
    • KISS CONTENT: Who doesn’t have this rule?
  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
    • KISS CONTENT: This is the deal breaker for sure. Like the Tour de France, we have a ZERO tolerance policy on this
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  • With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ystryr prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ystryr upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you will not solicit, collect or use the login credentials of other ystryr users.
  • You are responsible for keeping your password secret and secure.
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  • You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles (collectively, "Content") that you submit, post or display on or via the Service.
  • You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any ystryr users.
  • You must not use domain names or web URLs in your username without prior written consent from ystryr.
    • KISS CONTENT: If you’re interested in shameless self promotion, contact us for advertising rates
  • You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ystryr page is rendered or displayed in a user's browser or device.
  • You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  • You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other ystryr terms.

Violation of these Terms of Service may, in ystryr's sole discretion, result in termination of your ystryr account.

KISS CONTENT: If you break the rules, you may not pass go, you may not collect anything but loss of the privilege to use the ystryr services.

You understand and agree that ystryr cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for ystryr, we can stop providing all or part of the Service to you.

 

General Conditions

ystryr allows you to post photos, comments, and other materials. Anything that you post or otherwise make available on our Service is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to ystryr.

KISS CONTENT: 99% of the content available on this site was contributed by you, the user. It might be our site, but you make it awesome with the history and memories you share.

You grant ystryr and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on ystryr solely for the purposes of operating, developing, providing, and using the ystryr Service. Nothing in these Terms shall restrict other legal rights ystryr may have to User Content. 

We reserve the right to remove or modify User Content for any reason, at any time and without notice to you, including User Content that we believe violates these Terms or our policies. We also reserve the right to refuse access to anyone for any reason at any time.

KISS CONTENT: It’s our site and we can do what we want…but we don’t want to have to do it so follow the rules and play nice. It’s not just about you, you’re part of something much bigger – be kind or be gone.

Following termination or deactivation of your account, or if you remove any User Content from ystryr, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, ystryr and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through ystryr.

You, and you alone, are solely responsible for your interaction with other users of ystryr, whether online or offline. You agree that ystryr is not responsible or liable for the conduct of any user. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

KISS CONTENT: This isn’t kindergarten people, take ownership for what you do, be smart about what you post and for crying out loud, remember it’s the internet. Your mom has access.

If you access any third party website, service, or content from ystryr, you do so at your own risk and you agree that ystryr will have no liability arising from your use of or access to any third-party website, service, or content. ystryr may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ystryr. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. 

We value our community members and are always interested in learning about ways we can make ystryr even better from the people that use it. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

KISS CONTENT: Honestly, we’re people too. Collaboration is important and we come from the service industry. We can’t help but want to make you happy, if possible. Communicate with us and be patient – Rome wasn’t built in a day. Oh, and if you’re name isn’t on our business cards, we consider your feedback a donation to the greater good.

 

WARRANTY

THE SERVICE, YSTRYR, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER YSTRYR NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT WITHIN YSTRYR; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO YSTRYR. IN ADDITION, THE YSTRYR, et al HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.


YSTRYR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. YSTRYR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YSTRYR DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND YSTRYR SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.


BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.


YSTRYR DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

IN NO EVENT SHALL YSTRYR'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

 

Arbitration

For any dispute you have with ystryr, you agree to first contact us and attempt to resolve the dispute with us informally. If ystryr has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

 
As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor ystryr will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ystryr is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ystryr or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. 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 Terms of Service.


You may opt out of this agreement to arbitrate. If you do so, neither you nor ystryr can require the other to participate in an arbitration proceeding. To opt out, you must notify ystryr in writing within 30 days of the date that you first became subject to this arbitration provision. 


If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ystryr. 


These Terms shall be governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Hillsboro County, New Hampshire for any actions not subject to Arbitration.


Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.