1.1. These Terms of Service (“TOS”) govern the use of yes.no's website and mobile application (collectively, “yes.no”).
1.2. These TOS was written in English (US). To the extent any translated version of these TOS conflicts with the English version, the English version controls.
1.3. yes.no was created by yes.no Ltd, a private company organized under the laws of the State of Israel (“we”) and they are the owners of yes.no.
1.4. These TOS represent a binding contract between you and we, and by creating an account or otherwise accessing yes.no, you expressly agree to be bound by them, including the agreement to arbitrate contained in section 13 hereunder.
2. What is yes.no?
2.1. yes.no is a questions and answers social network where everyone can ask and be asked questions.
2.2. Once creating a personal profile, users can ask and be asked different questions from and by all of yes.no's users.
2.3. Questions submitted appear on the user's public wall or arrive to its private area (according to the user's preferences). After receiving a question, the user can publish it or answer it. Once answering it both question and answer become public.
2.4. We believe in transparency therefore users can't ask questions anonymously and must do so using their profile.
3. Your Account Information and Email
3.1. yes.no provides a personalized content. When you create an account, we require you to provide information about yourself, including your email address and a password and/or your Facebook profile information and/or your google profile information (“Account Information“).
3.2. You will not provide any false personal information on yes.no, or create an account for anyone other than yourself without permission.
3.3. You will not create more than one personal account.
3.4. If we disable your account, you will not create another one without our permission.
3.5. You will not use yes.no if you are under 13.
3.6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.7. You agree that we may send communications to your email address and/or your Facebook/google profile and/or your phone number, for customer service, confirmations, newsletters, product offers and other matters.
4. Intellectual Property
4.1. yes.no is protected by international intellectual property laws and you agree to abide by them.
4.2. Without our prior written consent, you may not download, copy or store yes.no's content in any form outside of Yes.no app and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of yes.no's content.
4.3. You agree that all data and algorithms in our files and associated servers are “trade secrets”.
4.4. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in yes.no.
4.5. All intellectual property rights in yes.no are, as between you and we, our sole and exclusive property.
5. User's content
5.1. yes.no features allow you to post or submit content and materials for publication on yes.no ("Your Content"). Actually, most of yes.no's content is generated by users.
5.2. You declare that you own all Your Content and any intellectual property rights to Your Content.
5.3. For content that is covered by intellectual property rights, like photos and videos, including your profile picture ("Protected Content"), you specifically give us the following permission:
5.3.1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Protected Content that you post on or in connection with yes.no ("License"). This License ends when you delete your Protected Content or your account unless your content has been shared with others, and they have not deleted it.
5.3.2. You agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer yes.no or the features you have elected to use.
5.3.3. You are the sole responsible for Your Content, and acknowledge that once published, we cannot always remove it.
6. Celebrity pages
6.1. We know that you are curious about celebrities' life, habits, thoughts etc. therefore we offer you to submit questions to public figures and celebrities.
6.2. For this purpose we create celebrities' pageswhere you can submit your questions and rank other people questions – we will do our best efforts to forward high ranked questions to the relevant celebrity and get you the answers you desire.
6.3. It shall be clarified that the celebrity pages are created and managed by yes.no unless otherwise is mentioned specifically.
7. Verified Profiles
7.1. We may proactively verify accounts on an ongoing basis to make it easier for users to find who they’re looking for. We concentrate on highly popular users in music, acting, fashion, government, politics, religion, journalism, media, advertising, business, and other key interest areas.We will do our best efforts to make sure the verification is correct but we can't commit that mistakes won't happen, therefore users won't have any claim, suit or demands on such regards.
8. Notice and takedown
8.1. Copyrights infringement is forbidden by law, never the less we can't and won't be responsible for such infringements made by our users.
8.2. Without derogating from the above, yes.no will comply with the Notice and takedown practice according to the Digital Millennium Copyright Act.
9. Your License to Use yes.no
9.1. We are providing you with access to yes.no pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license.
9.2. You can use yes.no for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from yes.no by applicable law and your account is not terminated by us or by you.
9.3. If the TOS are not enforceable where you are located, you may not use yes.no. We reserves all right, title, and interest not expressly granted under this license, to the fullest extent possible under applicable laws.
10. Canceling Your Account
10.1. You may cancel your account at any time through the settings page
11. Restrictions and Prohibited Uses
11.1. You shall not attempt to impersonate another person or use another person’s yes.no's account information without authorization;
11.2. You shall not violate or attempt to violate yes.no’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of yes.no's systems and networks;
11.3. You shall not redistribute, decompile, reverse engineer, publish, or copy yes.no;
11.4. You shall not use yes.no for the purpose of creating a product with a substantially similar look, feel or design;
11.5. You shall not use yes.no or any trademarks, tasks names, trade names, service marks, copyrights, or logos of yes.no, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
11.6. You shall not violate any third party’s rights, including intellectual property or privacy rights;
11.7. You shall not threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
11.8. You shall not collect users' content or information, or otherwise access yes.no, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
11.9. You shall not upload viruses or other malicious code.
11.10. You shall not solicit login information or access an account belonging to someone else.
11.11. You shall not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
11.12. You shall not use yes.no to do anything unlawful, misleading, malicious, or discriminatory.
11.13. You shall not do anything that could disable, overburden, or impair the proper working or appearance of yes.no, such as a denial of service attack or interference with page rendering or other yes.no functionality.
11.14. You shall not facilitate or encourage any violations of this TOS or our policies.
11.15. Engaging in prohibited uses is grounds for immediate termination of your yes.no's account, and may also subject you to civil or criminal penalties.
12.1. You agree that use of yes.no is at your own sole risk and that yes.no is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied.
12.2. to the maximum extent permitted by law, yes.no and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding yes.no, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.3. We strive to maintain yes.no on a commercially reasonable basis and cannot guarantee that you will have access to yes.no at all times.
13. Limitation of Liability
13.1. You acknowledge that we provide a platform for users' content and that can't control neither the nature nor type of the users nor the content they generates and/or publish.
13.2. Therefore, in no event shall yes.no or its owners, affiliates, officers and/or employees be liable for any and all direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever that might arise out of your access to or use of yes.no
13.3. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between yes.no and you. You understand that yes.no would not be provided without such limitations.
14.1. You will indemnify and hold harmless Yes.no, its owners, affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to yes.no, Your Content, or the violation of the TOS by you.
15. Agreement to Arbitrate
15.1. If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against yes.no, you agree to try to resolve the dispute by contacting us by email to [email protected]
15.2. Before we file a claim against you, we agree to contact you at the email address associated with your yes.no's account.
15.3. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
15.3.1. General. you agree that you and yes.no will resolve through binding arbitration any dispute, claim or controversy between us arising out of or relating in any way to yes.no or your use thereof, including these TOS (collectively, “Arbitral Claims”), with a few exceptions set forth below:
a) The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
b) Arbitration is different from court. The rules, including discovery, are different and no judge is present at an arbitration. In some instances, the costs of arbitration could exceed the cost of litigation, and the right to discovery may be more limited. The award is final and binding and subject only to limited review by a court. You understand that, absent this mandatory provision, you may have the right to sue in court.
15.3.2. Arbitration services and rules.
c) The arbitration proceedings shall be governed by the Israeli Arbitration Law, (Hereunder: "The arbitration law"). The arbitration shall be performed by a single arbitrator which will be chosen from the Israeli Bar Association's arbitration registered repository. If the Parties are unable to agree upon the identity of the arbitrator, then the arbitrator will be appointed at the request of either Party by the competent courts of Tel Aviv in the state of Israel.
d) The site of all arbitration proceedings shall be Tel Aviv, unless the Parties agree in writing to another site. The arbitration award and/or determination shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction. The arbitrator shall not be bound by the rules of evidence or procedure.
15.3.3. Exceptions to Arbitral Claims. As an exception to this Section 13 either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section 13.
16.1. Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
16.2. Governing Law, Jurisdiction and Venue. Except to the extent preempted by the arbitration law, the TOS are governed by the laws of the state of Israel without regard to conflict of law provisions. Except as provided in Section 10, or to the extent preempted by the arbitration law, both parties further consent to the personal jurisdiction of and exclusive venue in competent courts in Tel Aviv, Israel, as the legal forum for any dispute between them.
16.3. Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on yes.no or by posting an updated TOS on yes.no at least 15 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of yes.no following the effective date means that you agree with, and consent to be bound by, the updated TOS.
16.4. Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by yes.no, the TOS shall govern, unless otherwise specifically indicated. Sections 3-13 shall survive any termination of the TOS.
16.5. Special Provisions Applicable to Users outside Israel.
16.5.1. You consent to having your personal data transferred to and processed in Israel.
16.5.2. You will not use yes.no if you are prohibited from receiving products, services, or software originating from Israel.