(Revised February 2011)
The Yalla Apps website is made up of various internet web pages and services operated by Prototype Interactive FZ-LLC, Dubai Media City, Loft Office 1, 208, PO Box 502204, Dubai, United Arab Emirates or its affiliates (collectively, the "Yalla Apps Web Site").
Throughout the Yalla Apps Web Site, Prototype provides you with access to a variety of resources, including download and upload areas, content, software, communication forums, and product information (collectively the "Services"). The Services include any updates, enhancements, and/or new features that Prototype may provide from time to time.
The Yalla Apps Web Site may also contain additional terms that govern particular pages, features, or offers (for example, content submission terms, sweepstakes rules, or rules or codes of conduct applicable to "chat" areas).
Each time you access or use the Services, you are accepting the current version of the TOU and any other applicable terms (or re-affirming your previous acceptance if the TOU or other terms have not changed).
PRIVACY AND PERSONAL INFORMATION
We respect your right to privacy and will protect it when you visit our website. The Yalla Apps Web Site collects no personal information about you when you visit our website unless you specifically and knowingly choose to provide such information to us. If you choose to provide information to us, we use it only to fulfill your request for information or services.
USE OF SITE SPACE
Any space provided to you on the Yalla Apps Web Site is for you to use to participate in the Yalla Apps community of developers. While you may use designated areas of the Yalla Apps Web Site to provide supplemental information regarding your own business (provided you do not use spam to provide this information), you may not use the Yalla Apps Web Site to sell your goods or services or as the primary mechanism for operating your business or providing core information about your business. Any use of the Yalla Apps Web Site for commercial purposes is solely at your own risk, Prototype has no liability for such use, and you agree to hold Prototype harmless for any claims related to your use of the Yalla Apps Web Site for commercial purposes.
SOFTWARE AND CONTENT AVAILABLE ON THE YALLA APPS WEB SITE
Prototype, its suppliers and other users of the Service may from time to time make available software and content to view or download from the Services ("Software"). This Software is the copyrighted work of Prototype, its suppliers, and/or other users of the Services (e.g. a forum poster). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). By downloading, installing, or using any such Software that has an associated License Agreement, you are agreeing to the terms of the License Agreement as applied to that Software.
If there is not a License Agreement presented to you, Prototype hereby grants you, a limited, personal, non-exclusive, revocable license to use the Software only for and during the authorized use of the Services and/or other product to which the software relates. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so.
Any use, reproduction, or redistribution of the Software not in accordance with the License Agreement or this TOU is expressly prohibited by law. You may not disassemble, decompile, or reverse engineer any Software, except and only to the extent that the law expressly permits those activities. You must keep intact all copyright and other proprietary notices related to any Software.
NO UNLAWFUL OR PROHIBITED USE
In using the Services, you may not:
- engage in, facilitate, or further unlawful conduct;
- use the Services in a way that harms us or our advertisers, affiliates, resellers, distributors, and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors, and/or vendors;
- use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
- use any automated process or service to access and/or use the Services (such as a BOT, a spider, periodic caching of information stored by Prototype, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Services;
- damage, disable, overburden, or impair the Services (or the network(s) connected to the Services) or interfere with anyone else's ability to access or use the Services;
- resell or redistribute the Services, or any part of the Services;
- disrupt, or try to gain unauthorized access to, any account, computer, hardware, or network related to the Services;
- obtain (or try to obtain) any data from the Service or related hardware, except data that we intend to provide or make available to you;
- use the Service or related hardware to design, develop, or update unauthorized software;
- use or distribute unauthorized cheats, macros, or scripts.
USE OF COMMUNICATION SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent, or unlawful topic, name, material, or information.
- Use any material or information, including images, photos, sounds, 3D Models, or any other content, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as 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 that may be applicable to any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Post links to websites that violate this TOU.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Prototype has no obligation to monitor the Communication Services. Prototype reserves the right, however, to review materials posted to the Communication Services and to remove any materials in its sole discretion. Prototype also reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason or no reason.
In addition, Prototype reserves the right at all times to disclose any information as Prototype deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Prototype's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Prototype does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Prototype specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. “Managers” and “hosts” of any Communication Services are not authorized Prototype spokespersons, and their views do not necessarily reflect those of Prototype. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PROTOTYPE OR POSTED ON THE YALLA APPS WEB SITE
You may be able to submit materials for use in connection with the Services. You understand that Prototype does not control or endorse the content that you and others post or provide on the Services. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the Services. With respect to content you post or provide (other than applications that you submit for distribution through the Windows Phone Marketplace, which shall be subject to the Yalla Apps Application Provider Agreement, as applicable), however, you grant to the public and to Prototype, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to:
use, modify, copy, distribute, and display the content in connection with the service and other Prototype products and services;
publish your name, identifier or other information you supply in connection with the content; and grant these rights to others.
If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. You understand that we may need to make copies, change the format, transcode, or otherwise process content posted on the Services, including on shared and private areas of the Services, to:
store and retrieve the content; make the content available to you and those members of the public to whom you have granted access;
conform to connecting networks' technical requirements; or conform to the limitations and terms of the Services.
This section only applies to legally permissible content and only to the extent that use and publishing of legally permissible content does not breach the law or violate the rights of any third party. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this TOU. You represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not breach any law or violate the rights of any third party. We will not pay you for your content. We may refuse to publish your content, and we may remove your content from the Service at any time.
We provide the Service "as-is," "with all faults," and "as available." We do not guarantee the accuracy or timeliness of information available from the Service. The Prototype parties give no express warranties, guarantees, or conditions under or in relation to the Service, this contract or its subject matter. We exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.
LIMITATION OF LIABILITY
You can recover from Prototype and its suppliers and affiliates (in the aggregate) only direct damages up to a total, aggregate amount equal to the price of your Yalla Apps annual membership or 100 U.S. dollars, whichever is less. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
This limitation applies to anything related to:
content (including code) on third party Internet sites, third party programs (such as games), or third party conduct; viruses or other disabling features that affect your access to or use of the Services; incompatibility between the Services and other services, software, and hardware; delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Services in an accurate or timely manner; and claims for breach of contract; breach of warranty, guarantee, or condition; strict liability; negligence; or other tort.
It also applies even if:
this remedy does not fully compensate you for any losses, or fails of its essential purpose, or is in respect of a fundamental breach or breach of a fundamental term; or Prototype knew or should have known about the possibility of damages.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
LINKS TO THIRD PARTY SITES
The Yalla Apps Web Site may contain links to other third party web sites. The linked sites are not under the control of Prototype, and Prototype is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Links are only provided as a convenience, and the inclusion of a link does not imply endorsement by Prototype of the linked site.
UNSOLICITED IDEA SUBMISSION POLICY
Prototype or any of its employees do not accept or consider unsolicited ideas, including without limitation ideas for new advertising campaigns, promotions, products, technologies, or marketing plans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Prototype’s products or marketing strategies might seem similar to ideas submitted to Prototype. So, please do not send your unsolicited ideas to Prototype or anyone at Prototype. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Prototype makes no assurances your ideas and materials will be treated as confidential or proprietary.
CHANGES TO THE SERVICE; IF WE CANCEL THE SERVICES
We may change the Services or delete or discontinue features or other content at any time and for any reason (or no reason). We may cancel or suspend your Services at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Services cancellation, your right to use the Services stops right away. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later.
INTERPRETING THE TOU
All parts of this TOU apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this TOU as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this TOU will not change. This is the entire contract between you and us regarding your use of the Services. It supersedes any prior contract or statements regarding your use of the Services. If you have confidentiality obligations related to the Services, those obligations remain in force even after termination or cancellation of the Services (for example, you may have been a beta tester). The section titles in this TOU are for convenience only and do not limit the terms of this TOU.
GOVERNING LAW AND JURISDICTION
Except to the extent prohibited by local law, this TOU is governed by the laws of the emirate of Dubai, United Arab Emirates, which apply to the interpretation of this TOU and to any claims for breach of it, regardless of conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the emirate of Dubai, United Arab Emirates, for all disputes arising out of or relating to this TOU.
We may assign this TOU, in whole or in part, at any time with or without notice to you. You may not assign this TOU, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services.
NO THIRD PARTY BENEFICIARIES
This TOU is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
CLAIM MUST BE FILED WITHIN ONE YEAR
Any claim related to this TOU or the Services may not be brought unless brought within one year. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
RESPECT COPYRIGHT AND OTHER RIGHTS OF THIRD PARTIES
Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image and to maintain their privacy. You may not share other people’s content or violate the rights of any third party unless you own the rights or have obtained any required permissions.
Customer support is not offered for the Service, unless provided otherwise in this contract or the materials we publish in connection with a particular Service specify that it includes customer support.
COPYRIGHT NOTICE & FAQ
© 2011 Prototype Interactive FZ-LLC. All rights reserved.