Terms and Conditions
Welcome to YAP Tracker, owned and produced by Centiero Corporation! Before you register for your YAP Tracker account, you must read and agree to these Terms of Service (TOS) and the following policy, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you via your e-mail address when major changes are made, you should visit this page periodically to review the terms. Centiero Corporation may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you will not be permitted to use the YAP Tracker service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- Description of Service. YAP Tracker is an online audition manager and tracking system (the “Service”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Centiero Corporation disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Centiero Corporation also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Restrictions on Use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Centiero Corporation reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Centiero Corporation; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Centiero Corporation reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. Centiero Corporation takes no responsibility for content posted on the site (including, without limitation, program and competition details provided by Centiero administrators or YAP Tracker members). Centiero Corporation reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Where listing are obtained from sources which do not provide sufficient or complete information in English, Centiero Corporation may provide a translation to English as a service only and takes no responsibility for any errors or omissions. It is the responsibility of you, the user, to verify the information provided, by visiting the source. Where applicable, the native language posting of rules and regulations at that source is assumed binding. Centiero Corporation also takes no responsbility for failing to deliver any information through e-mail (including, but not limited to audition reminders, new postings and application tracking reminders).
- Third Party Content. Centiero Corporation takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Centiero Corporation have any obligation to monitor such third party content. Centiero Corporation reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Centiero Corporation also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Centiero Corporation, its users and the public. Centiero Corporation will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
- Membership. Centiero Corporation offers content and services which are available only through the payment of a subscription fee to be determined by Centiero Corporation in its sole discretion. A YAP Tracker Member is responsible for all charges that result from the use of their YAP Tracker Membership, including any unauthorized charges that result from its use. Members agree to forfeit fees paid if their Membership is terminated for a violation of these Terms and Conditions or for any other reason. If a Member pays any membership fees with a credit card and if the issuer of that credit card fails to pay the amounts authorized by the Member, the Member shall immediately remit full payment to Centiero Corporation. In addition, if a Member pays any membership fees with a credit card and the issuer of the credit card seeks to recover from Centiero Corporation any amounts received by Centiero Corporation from the issuer, the Member shall immediately remit to Centiero Corporation all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Centiero Corporation. If a Member does not pay to renew its Membership, their account will be cancelled and their user history, including, but not limited to audition details and notes, may be deleted. Centiero Corporation allows one YAP Tracker Membership per individual with a legitimate e- mail address. If Centiero Corporation determines that a single membership is being used by more than one person, Centiero Corporation reserves the right to cancel that membership without remittance of fees paid. Before canceling the membership Centiero Corporation will attempt to contact the account owner through the e-mail address associated with the account.You, the user, also agree not to share any content, in any form, provided by this service, with those not currently subscribed to YAP Tracker. If Centiero Corporation believes that content is being shared with non-members, or published outside of YAP Tracker, Centiero Corporation reserves the right to cancel that membership without remittance of fees paid.
- License to User Content. By submitting a listing, application notes, audition notes or any other content to YAP Tracker, you grant Centiero Corporation a world-wide, royalty-free, non-exclusive, unrestricted license to use, copy, transmit, and/or publicly display such content in connection with the particular Products and Services. Once this information has been received, Centiero Corporation reserves the right to deny any removal or update requests.
- Member Conduct. You, the user, understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You, the user, and not Centiero Corporation are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Centiero Corporation does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Centiero Corporation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a YAP Tracker administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;;
11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
12. "stalk" or otherwise harass another; and/or
13. upload, post, email, transmit or otherwise make available any Content that is known to be incorrect with the intention to deceive;
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in points 1 through 13 above.
You acknowledge that Centiero Corporation may or may not pre-screen Content, but that Centiero Corporation and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Centiero Corporation and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Centiero Corporation or submitted to YAP Tracker, including without limitation information in Message Boards, Audition Postings, Audition Swaps, and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Intellectual Property Rights. You acknowledge that Centiero Corporation owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Centiero Corporation Rights"), and such Centiero Corporation Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Centiero Corporation Rights include rights to (i) the Service developed and provided by Centiero Corporation; and (ii) all software associated with the Service. The Centiero Corporation Rights do not include third-party content used as part of Service, including the content of communications and listings appearing on the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Centiero Corporation to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Advertisements. As consideration for using the Service, you agree and understand that Centiero may display ads and other information. No personally identifiable information will be provided to advertisers as part of the Service. Advertisements may be customized based on your profile and preferences (for example, if you express interest in European competitions, you may see more advertisements for competitions in Europe).
- Account Expiration. If your account expires, Centiero Corporation reserves the right to disable or terminate a user's account. If an account has expired, the user name associated with that account may be given to another user without notice to you or such other party.
- Publicity. Any use of Centiero Corporation’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement. Prior written approval from Centiero Corporation is required for any use of the above features.
- Indemnification. You agree to hold harmless and indemnify Centiero Corporation, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Centiero Corporation will provide you with written notice of such claim, suit or action.
- Choice of Law; Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the United States, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in New York County, New York, and you consent to the jurisdiction of such courts.
- Application Fees. If you use our application processing service and pay any fees using your credit card, you agree that unless otherwise indicated, the application fee is not refundable and that you agree not to request a refund unless agreed to by the company for which you are applying. If you dispute an application fee charge via your credit card company then you will be prevented from using the credit card payment option in all future applications that you submit via YAP Tracker. You will need to contact the company directly to arrange an alternate application method.