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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ENTERING INTO ANY AGREEMENT WITH YAPABOOK, LLC. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

 

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the Yapabook.com website (the "Site") and the advertising services provided by Yapabook, LLC, a Louisiana limited liability company ("Yapabook," "we," "us," or "our"). By accessing or using this Site, placing an order, or entering into any agreement with Yapabook, LLC, you agree to be bound by these Terms. If you do not agree to these Terms, do not use this Site or conduct business with Yapabook, LLC.

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Yapabook, LLC reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to this page. Your continued use of the Site or services after changes are posted constitutes your acceptance of the modified Terms. We recommend checking this page periodically.

 

2. Ownership and Intellectual Property

This website is owned and operated by Yapabook, LLC. All content on this Site — including text, graphics, logos, images, and software — is the property of Yapabook, LLC and is protected by applicable United States copyright and trademark laws.

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You may access, print, or download content from this Site solely for your personal non-commercial use, provided you keep intact all copyright, trademark, and other proprietary notices. You may not copy, reproduce, transmit, distribute, republish, upload, post, sell, or modify any content or materials on this Site without the prior written consent of Yapabook, LLC.

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Yapabook® is a registered trademark of Yapabook, LLC. Other trademarks, service marks, and trade names referenced on this Site are the property of their respective owners and Yapabook, LLC makes no claims to them.

 

Yapabook, LLC reserves the right to add additional trademarks and service marks to identify its products and services at any time.

 

3. Use of This Website

By using this Site you agree that you will not:

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  1. Use this Site in violation of any applicable law or regulation

  2. Attempt to gain unauthorized access to any portion of this Site or its related systems or networks

  3. Interfere with or disrupt the operation of this Site or the servers and networks connected to it

  4. Use any automated means to access, scrape, or collect information from this Site without our express written consent

  5. Reproduce, duplicate, copy, sell, or otherwise exploit this Site or any portion of it for commercial purposes without our prior written consent

  6. Link to this Site from any other website without the express written permission of Yapabook, LLC

  7. Use any trademark, trade name, or graphic from this Site without authorization

 

4. Third-Party Links

This Site may contain links to third-party websites for your convenience and reference. These links do not constitute an endorsement by Yapabook, LLC of those websites or their content. Yapabook, LLC has no responsibility for the content, services, or privacy practices of any linked third-party website. Your use of any linked website is at your own risk and subject to the terms and privacy policy of that website.

 

5. Advertiser Terms and Conditions

[ATTORNEY REVIEW: This is the most important section for your advertiser relationships. Have your attorney review this section carefully to ensure it accurately reflects your current advertiser agreement and adequately protects Yapabook, LLC.]

 

A. Nature of Advertising Services

Yapabook, LLC publishes the Yapabook Premium Local Guide — a quarterly direct mail publication and online guide featuring premium local businesses. Advertisers purchase ad space in the publication and online guide as described in the advertiser agreement. Yapabook, LLC is the publisher of the guide. Each advertiser is solely responsible for the accuracy, legality, and appropriateness of the content they provide for their advertisement.

 

B. Advertiser Content and Approval

Advertisers are responsible for providing accurate, complete, and legally compliant content for their advertisements, including logo, photography, business information, and any messaging. Yapabook, LLC will design each advertisement according to its established design standards and provide the advertiser with a digital proof for review and approval prior to printing.

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Advertiser agrees to review proofs carefully and provide approval or requested revisions within the timeframe specified. Yapabook, LLC includes one revision in the standard design process. Additional revisions requested by the advertiser are subject to applicable revision fees as stated in the advertiser agreement. Once final approval is given by the advertiser, Yapabook, LLC is not responsible for errors in content that were present in the approved proof.

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C. Content Standards

Yapabook, LLC reserves the right to refuse to publish any advertisement that it determines, in its sole discretion, contains content that is immoral, illegal, defamatory, misleading, or otherwise inappropriate for distribution. If submitted content is deemed unacceptable, the advertiser will be notified promptly and given the opportunity to provide revised content that meets our standards.

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D. Advertiser Representations and Warranties

By submitting content to Yapabook, LLC for publication, the advertiser represents and warrants that:

 

  1. They own or have all necessary rights, licenses, and permissions to use all images, logos, text, and other materials submitted

  2. The content does not infringe upon the intellectual property rights of any third party

  3. All information provided is accurate and truthful

  4. The content complies with all applicable federal, state, and local laws and regulations

  5. No copyright notices have been removed or altered from any materials submitted

 

The advertiser agrees to indemnify, defend, and hold harmless Yapabook, LLC and its officers, members, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from any breach of these representations and warranties or from any third-party claim related to the advertiser's content.

 

E. Intellectual Property in Advertisements

Any images, logos, text, or other materials submitted by the advertiser to Yapabook, LLC remain the sole property of the advertiser. Advertiser grants Yapabook, LLC a non-exclusive license to use, reproduce, and display the submitted materials solely for the purpose of producing and distributing the advertisement as agreed.

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Advertisement designs created by Yapabook, LLC using advertiser-provided content are the property of Yapabook, LLC unless the complete advertisement design is provided entirely by the advertiser. Advertisers who wish to obtain the Yapabook-created design files for their own use may do so upon written request and payment of the applicable file release fee as stated in the advertiser agreement.

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Yapabook, LLC reserves the right to use completed advertisement designs as examples for promotional purposes, including on its website, social media, and marketing materials. Advertiser grants Yapabook, LLC permission for such use.

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F. Online Guide Presence

Every advertiser in Yapabook also appears in the Yapabook online guide at Yapabook.com. The advertiser's ad is displayed in the online guide and consumers who tap or click the ad are directed to the destination URL specified by the advertiser. The advertiser may update their destination URL at any time during the quarter by notifying Yapabook, LLC. Advertiser grants Yapabook, LLC permission to display their advertisement in the online guide as part of the advertising services provided.

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Advertiser may opt out of the online guide listing by providing written notice to Yapabook, LLC via email to info@yapabook.com. Yapabook, LLC will confirm receipt of the opt-out request.

 

G. Dynamic QR Codes

Each advertiser receives a unique dynamic QR code that is printed in their advertisement and linked in the online guide. The QR code directs consumers to the destination URL specified by the advertiser. Advertiser may request updates to their QR code destination URL at any time during the quarter at no charge. Yapabook, LLC will process QR code destination updates within 24 hours of receipt of a written request.

The functionality of dynamic QR codes depends on the continued operation of the QR code platform used by Yapabook, LLC. Yapabook, LLC will maintain its QR code platform in good standing throughout all active advertising periods.

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H. Payment Terms

Fees for Yapabook advertising services — including design, production, printing, mailing, and any other applicable charges — are due and payable in full as specified in the advertiser agreement prior to the mailing of each edition. All orders are non-cancellable once the advertiser agreement is signed, due to the limited availability of ad positions and the production commitments involved.

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Payment is accepted by check, ACH transfer, or credit card. Credit card payments are subject to a processing fee as specified in the advertiser agreement. Yapabook, LLC reserves the right to adjust payment terms and processing fees with reasonable notice to advertisers.

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I. Mailing and Distribution

Yapabook, LLC uses USPS Every Door Direct Mail (EDDM) for distribution of the print publication. Yapabook, LLC selects mailing routes using proprietary criteria designed to reach the most affluent households in the market. Mailing routes may be adjusted at Yapabook, LLC's discretion to optimize distribution quality and market coverage.

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Yapabook, LLC's responsibility for mailing services is limited to preparing the publication and delivering it to the United States Postal Service. Yapabook, LLC is not liable for USPS delivery delays, failures, or other performance issues beyond its control.

 

J. Color and Print Accuracy

Yapabook, LLC will produce color printing as accurately as possible from submitted digital files. Due to the inherent limitations of the printing process and variations in monitor calibration, exact color matches cannot be guaranteed. Color accuracy is typically within 80-90% of the submitted digital files. Yapabook, LLC is not responsible for color variations between digital files and the printed product.

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K. Limitation of Advertiser Claims

Yapabook, LLC cannot and does not guarantee the results, performance, or revenue generated by any advertising campaign. This limitation supersedes any oral or written representation made by any representative, employee, affiliate, or agent of Yapabook, LLC.

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The total liability of Yapabook, LLC for any claim of any kind related to an advertiser's order shall not exceed the total fees paid by that advertiser to Yapabook, LLC for the specific order giving rise to the claim. In no event shall Yapabook, LLC be liable for special, incidental, consequential, or punitive damages, including lost profits or business opportunity, arising from any advertising services.

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Any claim or legal action relating to an advertiser agreement must be commenced within one year of the date of the alleged breach by Yapabook, LLC. Advertiser waives any applicable statute of limitations to the contrary.

 

6. Disclaimer of Warranties

This Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Yapabook, LLC expressly disclaims all warranties including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

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Yapabook, LLC does not warrant that this Site will be uninterrupted, error-free, or free of viruses or other harmful components. Yapabook, LLC does not warrant the accuracy, completeness, or reliability of any content on this Site. Your use of this Site and reliance on any content is at your sole risk.

 

7. Limitation of Liability

To the fullest extent permitted by applicable law, Yapabook, LLC shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of your use of or inability to use this Site or its services, even if Yapabook, LLC has been advised of the possibility of such damages.

You assume full responsibility and risk for your use of this Site and any reliance on its content.

 

8. Indemnification

You agree to indemnify, defend, and hold harmless Yapabook, LLC and its officers, members, directors, employees, agents, licensors, and affiliates from and against any and all claims, losses, expenses, damages, and costs — including reasonable attorney's fees — resulting from your violation of these Terms, your use of this Site, or any content you submit to Yapabook, LLC.

 

9. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law principles. Any dispute arising under or related to these Terms or your use of this Site shall be subject to the exclusive jurisdiction of the courts located in Lafayette Parish, Louisiana.

 

10. Termination

Yapabook, LLC may, in its sole discretion, terminate or suspend your access to this Site at any time and for any reason without prior notice. Yapabook, LLC also reserves the right to modify, suspend, or discontinue any portion of this Site or its services at any time without prior notice.

All provisions of these Terms that by their nature should survive termination — including intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability — shall survive any termination.

 

11. Entire Agreement

These Terms of Use, together with the Yapabook.com Privacy Policy and any signed advertiser agreement, constitute the entire agreement between you and Yapabook, LLC with respect to your use of this Site and our services. These Terms supersede all prior agreements, representations, and understandings between the parties regarding this subject matter.

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Any modification to these Terms must be in writing. For advertiser agreements, modifications require the written signature of an authorized officer of Yapabook, LLC to be valid and effective.

 

12. Contact Us

If you have questions about these Terms of Use please contact us:

Yapabook, LLC

P.O. Box 60070

Lafayette, LA 70596

Email: info@yapabook.com

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