Terms of Service

1. Who May Use the Service

By using our service, you agree to form a binding contract with Yellist.com and are not a person barred from receiving services under the laws of the applicable jurisdiction. You must be at least 17 years old to be a Registered User on the platform (although public viewing of any age is possible). If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

2. Privacy Policy

Our Privacy Policy can be found on this page. By using our service, you understand the scope and breadth of our commitment to your privacy, as well as, our responsibilities and limitations.

3. Posts and Content on the Platform

Content refers to documents, media, and links you upload.
Posts are the comments made by yourself or others on your content.

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.
Platform Rules follow US law:

Copyright: do not use art or writings without permission
Threats: do not make threats to cause physical harm
Libel: do not publish lies about public figures or people
Incitement: do not encourage others to commit violence
Privacy: do not share private facts about a person
Doxing: do not illegally obtain and/or publish private records
Stalking: do not actively harass someone over time
Pornography: do not post child or revenge pornography – ever
Yellist also has additional features for compliance outside the US (see, Jurisdictional Controls below)

Setting Permissions are your responsibility:

It is your responsibility to set the appropriate permissions when posting content on Yellist.

Public

Content published to Public can be seen by anyone on the web - and is Search Engine Optimized (SEO).

We expect our users to think of this as a television channel - or "Uniquely Pervasive". Keep content and comments 'G' to 'PG'. Content can never be made public if it includes nudity or graphic violence.

Yellist

Content published to Yellist.com can only be seen by other Yellist.com account holders.

This is a 17+ space - content and comment rules are a more flexible but must be kept to an R rating or adult, public community standards. Content limited to “platform” is for adult conversations and deeper understanding

Friends

Content to share with your followers only - OR discuss privately, within a group.

Content shared between friends is also 17+; however, if you engage in behavior illegal in your country and it’s discovered, we will have to take action.

Private

Content you set to Private can only be seen by you, unless requested by a lawful legal order.

Please Note: Although content is private, you are still responsible, and can be found liable for, constitutional and/or criminal violations. (e.g., a party not bound by this contract accesses your account, because your password is too simple or you leave your browser logged on)

Jurisdictional Controls:

Yellist.com has the unique ability to parse content at the time of upload, independent of the user; and to use that information about the content to apply national standards for viewing at the granular level.This keeps your identity private, while allowing us to tag content – not the user.

  • As content is added, it is checked against a legal matrix that “learns” laws and application.
  • If your content is restricted in another country, our tool will parse the availability of the content, at the time it is viewed.
  • If your content is restricted in your own country, our tool will parse the restriction and/or remove illegal content immediately.

By using our tool, you understand that this system of machine learning is not perfect and will grow over time.
You are still responsible for adhering to your own local laws, and to control your content permissions.
Over time, community input will make the system more reliable, but this does not excuse your own due diligence, nor shift the burden of compliance to Yellist.com.
Comments are necessarily restricted by jurisdiction post-hoc and rely upon reporting. If comments have violated national standards, the entire thread can be restricted to “Yellist only”, “Friends only”, or a “Private” permission level.

Exposure:

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
All Content is the sole responsibility of the person who originated such Content.
We do not monitor or control the Content posted via the Services and, we do not take legal responsibility for such Content.
If you see content that violates our rules, please report so that we might take appropriate action.

Reporting and IP Rights:

It is your responsibility to report any content you believe is violating your legal rights.
Once content is reported, we will take one of several steps, after legal team review:

Law Enforcement

If it is illegal and/or requires law enforcement involvement, we will follow the law or instructions of the Court.
(e.g. child pornography will be reported to the required legal entities, or likewise adhering to copyright litigation rulings)

Country Compliance

If it is a nation-level legal violation that does not require law enforcement notification, our tool will route content viewing to comply with the jurisdiction.
This protects the user as much as it preserves nation-state autonomy.
(e.g., if something is uploaded in the US that is illegal in Germany, it cannot be seen in Germany, but can in all other nations it is allowed).

Site Policy

If it is a policy violation, we will switch that content to either platform only or private, depending upon the nature of the violation.
(e.g., nudity published to public may be changed to “Yellist only” for performance nudity, whereas arguable revenge porn may be changed to private only)

Repeat and Egregious Offenders

If there are continued, validated reports and subsequent actions taken, we reserve the right to bar you from our services.
If violations are egregious, you will likewise be barred from our services

Intellectually Property

Yellist.com respects the intellectual property rights of others and expects users of the Services to do the same.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent at:
Yellist.com, Inc.
Ref: Compliance
Email: info@yellist.com

You retain your rights to any Content you submit, post or display on or through the Services.
However, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) to fulfill the purposes of this contract.
This license authorizes us to make your Content available to the rest of the world and to let others do the same if authorized under our assigns, as anticipated course of business (e.g., social sharing), or as publicly available information for purposes of, and within legal limitations to, education, parody, critique, and press.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

4. Using the Services

Please review the Yellist.com Community Guidelines, which are part of the User Agreement and outline your rights and responsibilities in plain language.
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Services may change at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.
We also retain the right to create limits on use and storage at our sole discretion at any time.

You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Yellist.com's computer systems, or the technical delivery systems of Yellist.com's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yellist.com (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Yellist.com (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Yellist.com, its users and the public. Yellist.com does not disclose personally-identifying information to third parties.

Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to do so. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

Your License to Use the Services

Yellist.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of t he Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Yellist.com, in the manner permitted by these Terms. Copyright, trademark, and other laws of the United States, as well as, applicable foreign law protect the Services. Nothing in the Terms gives you a right to use the Yellist.com name or any of the Yellist.com trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Yellist.com and its licensors.

Ending These Terms

You may end your legal agreement with Yellist.com at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for cause, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Yellist.com Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable.

5. Disclaimers and Limitations of Liability
The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.
The "Yellist.com Entities" refers to Yellist.com, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.
Without limiting the foregoing, to the maximum extent permitted under applicable law, THE YELLIST.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Yellist.com Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Yellist.com Entities or through the Services, will create any warranty or representation not expressly made herein.

Limitation of Liability

To the maximum extent permitted by applicable law, Yellist.com entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content. In no event shall the aggregate liability of Yellist.com entities exceed the greater of one hundred U.S. Dollars (U.S. $100.00) or the amount you paid Yellist.com, if any, in the past six months for the services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Yellist.com entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Delaware, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Yellist.com.
All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Delaware, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Yellist.com's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Yellist.com, Inc., a Delaware Corporation. If you have any questions about these Terms, please contact us. Effective: July 4, 2019