Last Updated Date: August 23, 2017
Yumprint's products and services are provided by Pasplore, Inc. These Terms of Service ("Terms") govern your access to and use of Yumprint's website, products, APIs, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
You may use our Products only if you can form a binding contract with Walmart, and only in compliance with these Terms and all applicable laws. When you create your Yumprint account, you must provide us with accurate and complete information. If you are under the age of majority in your jurisdiction, you may use the Products only with the involvement of a parent or guardian. Additionally, personally identifiable information about children under the age of 13 should not be provided.
Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Usage Policy in section 2), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Accessing our APIs in any way other than through our Products is strictly prohibited. Modifying our Products and then accessing our API's is also prohibited. Such modifications include, but are not limited to, removing the display of the "save recipe" button from recipes generated with Recipe Card, our Wordpress Plugin.
You agree not to do any of the following:
Walmart allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." Content should be written in English. You retain all rights in, and are solely responsible for, the User Content you post to the Site or via the Products. You should submit and you agree to indemnify Walmart and its affiliates for all claims resulting from any User Content you submit.
By submitting User Content, you warrant that (1) you are the sole author and owner of User Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by these Terms; and (3) use of any User Content you supply will not violate these Terms and will not cause injury to any person or entity.
You grant, or warrant that the owner of such content has expressly granted, Walmart and other users of the Products, a non-exclusive, royalty-free, perpetual, irrevocable, unlimited, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-save, modify, edit, translate, create derivative works from, perform, publish, display, and distribute your User Content in any media or medium, or any form, format, or forum, now known or hereafter developed. Walmart may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Nothing in these Terms shall restrict other legal rights Walmart may have to User Content, for example under other licenses. We reserve the right, in our sole discretion, to remove, move, edit, modify, delete, or refuse to post User Content for any reason, including User Content that we believe violates these Terms or our policies. Although Walmart cannot monitor all User Content, you understand that Walmart shall have the right, but not the obligation, to monitor the User Content submitted on or through the Products to determine compliance with these Terms and any other operating rules that may be established by Walmart from time to time.
Following termination or deactivation of your account, or if you remove any User Content from the Site, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Walmart and the Yumprint users may retain and continue to use, store, display, reproduce, re-save, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Products.
Walmart is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content; or (3) to respond to any User Content. You grant Walmart the right to use the name that you submit in connection with any User Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Products ("Feedback"). You may submit Feedback by emailing us at feedback@yumprint.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Walmart and you hereby irrevocably assign to Walmart and agree to irrevocably assign to Walmart all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Walmart's request and expense, you will execute documents and take such further acts as Walmart may reasonably request to assist Walmart to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
It is Walmart's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Products, please see our DCMA Procedure for instructions on how to contact us to report possible copyright infringement.
We care about the security of our users. While we work to protect the security of your content and account, Walmart cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. Please notify us immediately of any compromise or unauthorized use of your account.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Yumprint. We do not endorse, sponsor, recommennd, or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Walmart, you do so at your own risk and you agree that Walmart will have no liability arising from your use of or access to any third-party website, service, or content.
Walmart and our customers post a variety of material on and through the Products including without limitation, reviews, comments, and recipes (collectively, "Materials"). The Materials provided via the Products are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found using the Products, you should confirm any facts that are important to your decision. Walmart and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information retrieved from the Products. Walmart is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. WALMART, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS RETRIEVED FROM THE PRODUCTS.
You acknowledge that any personal information that you provide through the Products will be used by Walmart in accordance with Walmart’s Privacy Policy at http://corporate.walmart.com/privacy-security/walmart-privacy-policy, the terms of which are incorporated here by this reference.
All copyrights, trademarks, trade dress, other intellectual property, and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled, or licensed by Walmart, one of its affiliates, or by third parties who have licensed their materials to Walmart and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed by the Products for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Products or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Products or any related software. All of the Products’ software is the property of Walmart or its suppliers and protected by U.S. and international copyright laws. The IP and Products’ software may be used only as a meal preparation resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP utilized by the Products is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP utilized by the Products is the exclusive property of Walmart and is also protected by U.S. and international copyright laws.
Walmart, Wal-Mart, the Walmart.com, and Yumprint names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Products are trademarks or trade dress of Walmart in the U.S. and other countries. All other marks are the property of their respective companies.
This Agreement is effective unless and until terminated by either you or Walmart. You may terminate this Agreement at any time, provided that you discontinue any further use of the Products. Walmart also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Products, if in Walmart's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Walmart, you must promptly destroy all materials downloaded or otherwise obtained from the Products, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: "Using Yumprint," "Acceptable Use Policy," "Your Content," " Information Obtained From the Products," "Intellectual Property," "Indemnity," "Termination," "Disclaimer," "Limitation of Liability," "Privacy," "Governing Law and Jurisdiction," and "General Terms."
You agree to defend, indemnify, and hold harmless Walmart and its affiliates and their respective officers, directors, employees, agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" and "as available" basis without warranty of any kind, whether express or implied, as to the operation of the Products or the information, content, and materials contained therein.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PRODUCTS THAT YOU DO SO AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Walmart takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WALMART AND ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON 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, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WALMART'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any action or proceeding arising out of or related to this Agreement or your use of the Products must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts. Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Walmart reserves the right, at its sole discretion, to modify, discontinue, restrict access to, suspend, or terminate the Products, or any portion of the Products, at any time without notice. Walmart also reserves the right to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Products after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Walmart without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Walmart in connection with the Products, shall constitute the entire agreement between you and Walmart concerning the Products and supersedes all prior agreements and representations concerning the Products. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is deemed invalid, 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.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Walmart's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms or any questions or complaints regarding the Products please contact us at feedback@yumprint.com.