These terms and conditions govern your access to and use of Yumblebee's websites and mobile applications. By accessing or using our Site, you are agreeing to these Terms and concluding a legally binding contract with Yumblebee Inc., a Texas Corporation located in Dallas, TX ("Yumblebee"). You must not access or use our Site if you are unwilling or unable to be bound by our Terms and conditions.
- A. User: Any individual, corporation, or entity who accesses, browses, crawls, scrapes, or in any way interfaces with the Site.
- B. Content: Text, images, photos, audio, video, location data, and all other forms of data or communication.
- C. Third Party Content: Content that originates from parties other than Yumblebee or its users, which is made available in connection with the Site.
- D. Site Content: All forms of content made available in connection with the Site, including User Content, Third Party Content, and Yumblebee Content.
- E. User Content: Content that has been transmitted or uploaded to the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, digital photographs, or any information publicly display by a User.
- F. Yumblebee Content: Content created, contributed, or otherwise made available by Yumblebee in connection with the Site.
2. Changes to the Terms of Service
Yumblebee may modify the Terms from time to time, and use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If material changes are made to these Terms, Yumblebee will post a notice on the Site prior to the effective date of the changes. Yumblebee encourages its Users to revisit these Terms posted to this page. Changes to the Terms of Service will be effective upon our posting of new Terms. Users agree that continued access to or use of the Site after the effective date of modifications to the Terms indicates acceptance of the modifications.
- A. Responsibility for Your Content. User is solely responsible for User Content. Once published to the site, Yumblebee is not required or obligated to withdraw User content from publication. User assumes all risks associated with User Content, such as its quality, accuracy, or reliability, or any disclosure by you of information in User Content that makes the User personally identifiable. User Content is not in any way sponsored or endorsed by Yumblebee. Users may be liable in civil or criminal court for material that is threatening, false, intentionally misleading, defamatory, or for any content which violates copyright, trademark, patent, trade secret, privacy right, or any other intellectual property or proprietary right. User will also be held liable for any hate speech, pornography, for any content that exploits or otherwise harms minors; or for any other violations of laws and regulations. Yumblebee may terminate the account of any User whose content violates the Terms of this paragraph.
- B. Use of User Content by Yumblebee. Yumblebee may use User Content by displaying it, reformatting it, incorporating it into any other media, creating derivative works from it, promoting it, or distributing it in any format or way that Yumblebee may choose. User grants Yumblebee perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use User Content in any way and for any purpose. Yumblebee may access User information in User Profiles at any time, and may allow third parties to view User information or User Content. Yumblebee may use User Content in accordance with this paragraph without attribution or compensation of any kind to the User.
- C. Ownership. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Yumblebee Content in whole or in part except as expressly authorized by Yumblebee. Except as expressly and unambiguously provided herein, Users are not granted any express or implied rights, and all rights in and to the Site and the Yumblebee Content are retained by Yumblebee at all times.
- D. Content Feeds. User may choose to interface with the Site via a third-party Content Feed with services such as Real Simple Syndication or Atom Feed. These terms and conditions apply to all uses of the Site when mediated through third-party Content Feeds. Yumblebee reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
- E. Content Control. Yumblebee reserves the right to remove, screen, edit, or reinstate User Content at it's sole discretion for any reason.
- F. Advertising. Yumblebee and its licensees may publicly display advertisements and other information adjacent to or included with User Content without compensation to the User. Yumblebee may change or modify its advertisements without notifying the User.
4. Using the Site
- A. Eligibility. You must be 18 years or older to use this site. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
- B. User Accounts. Users must create an account and provide personal information in order to access or utilize features of the Site. Users are solely responsible for maintaining the confidentiality of passwords. Users are responsible for all content and activities associated with User accounts. Yumblebee reserves the right to close any User account for any reason. User accounts are for personal and non-commercial uses. Users must submit accurate information to their User Profiles. Users are prohibited from creating accounts for other people and from assuming names and identities of other people. Users are allowed to use pseudonyms when using the Site.
- C. Communications from Yumblebee and other Users. User agrees to receive certain communications in connection with use of the Site. Users consent to receive communications from other users.
- D. Permission to Use the Site. Users are permitted to use this site only in accordance with these Terms of Service. Users may be exposed to language or content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- E. Site Availability. Yumblebee may choose to modify, update, interrupt, suspend, or discontinue service at any time without notice or liability to the User.
Yumblebee assumes no obligation to enforce the Terms of Service at your request against other users. Yumblebee reserves the right to investigate and take appropriate action at its sole discretion against users who violate these Terms of Service.
- A. User agrees to refrain from the following:
- i. Writing false or defamatory reviews, accepting compensation for writing a review, or removing a negative review or comment in exchange for cash, goods, complimentary meals or beverages, or for any other form of compensation.
- ii. Violating copyright, trademark, patent, trade secrets, privacy right, or any other intellectual property right;
- iii. Threatening, stalking, harming, or harassing other users or businesses, or promoting bigotry or discrimination;
- iv. Promoting a business, restaurant, or food business without the expressed consent of Yumblebee;
- v. Sending mass communications to other Users by bulk emailing or mass messaging, or spamming for any reason whatsoever;
- vi. Solicit personal information from minors, or submit or transmit pornography; or
- vii. Violate any applicable law.
- B. User will not assist, encourage, or enable others to:
- i. Violate the Terms;
- ii. Create derivative works or adaptations of Site or Site Content except as expressly authorized by Yumblebee;
- iii. Use any software application to access, retrieve, scrape, or index any portion of the Site or any Site Content;
- iv. Interfere with the proper working of the Site;
- v. Record, catalogue, or mine information about other users;
- vi. Index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- vii. Perform any action which places an undue strain on the technology infrastructure or capabilities of Yumblebee.
- viii. Reverse engineer any portion of the Site;
- ix. Transmit any computer viruses, worms, Trojan horses or other forms of destructive software or malware to Yumblebee or its Users;
- x. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- xi. Circumvent, disable, damage or otherwise interfere with any security-related features of the Site.
6. Guidelines and Policies
- A. Content Guidelines. User has read and understood Yumblebee's Content Guidelines.
- B. Privacy. We may disclose information about you to third parties if disclosure is reasonably necessary to;
- i. take action regarding suspected illegal activities;
- iii. comply with criminal investigations or civil court orders for discovery;
- iv. protect the intellectual property rights of Yumblebee, our users, or our affiliates.
- C. Copyright And Trademark Disputes. Users who wish to report a violation of intellectual property rights must contact email@example.com immediately.
7. Suggestions and Site Recommendations
Once submitted, suggestions, or proposals will not be confidential or proprietary information. Yumblebee is under no obligation of confidentiality, express or implied, with respect to User submitted suggestions or proposals. User submitted suggestions or proposals grant Yumblebee an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Yumblebee and its users any claims and assertions of any moral rights contained in such Feedback.
You agree to indemnify, defend, and hold Yumblebee harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to your access to or use of the Site, your violation of the Terms, or the User's infringement upon the rights of any third party. Yumblebee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Yumblebee.
9. Disclaimers and Limitations of Liability.
- A. Yumblebee is made available to Users on an "as is" basis and is offered for use on an "as available" basis. Yumblebee will not provide editorial control over User content unless such content violates these Terms of Service. Users use the site at their own discretion and risk. Users assume all civil and criminal liabilities resulting from their use or misuse of the site. Yumblebee is not responsible for the quality, accuracy, or veracity of User Content. Yumblebee is not liable to its Users for any interruption of service, loss or damage that might arise from the inoperability of the site, or for any security vulnerabilities of the site.
- B. Yumblebee is not responsible to the User for the use of User Content by third-parties.
- C. Yumblebee expressly disclaims all warranties, implied warranties of merchantability, or fitness for a particular purpose for products and services of businesses or third parties listed on the Site.
- D. The sole and exclusive remedy of Users to seek redress against Yumblebee for dissatisfaction with the Yumblebee service or for any other grievance shall be termination from the Site and the User's discontinuation of use of the Site.
- E. Yumblebee disclaims any liability for special, incidental, punitive, exemplary, reliance, or expectation damages due to any claim or cause of action against Yumblebee for loss of profits, business interruption, loss of reputation or consumer goodwill, or for loss of information, data, or User Content.
10. Choice of Law and Venue
Texas law will govern these Terms, as well as any claim, cause of action or dispute that might arise between Users and Yumblebee, without regard to conflict of law provisions.
- A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site.
- B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
12. General Terms
- A. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter.
- B. Any failure on Yumblebee's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- C. If any provision of the Terms is found to be unenforceable or invalid, the remainder of these Terms of Service shall remain in effect.
- D. The Terms of Service and any rights vested thereunder are not assignable, transferable or sub-licensable by Users. Such rights may be assigned or transferred by Yumblebee without restriction or notification to User.