Acceptable Use Policy

Updated May 15, 2015

This Acceptable Use Policy supplements and is incorporated into the Yodle Master Subscription Agreement (the “Agreement”), which accompanies this Acceptable Use Policy. Unless otherwise defined in this Acceptable Use Policy, defined terms have the meanings given to them in the Agreement.

For All Services:

You agree not to engage in unacceptable use of the Services, which includes, without limitation: (i) to disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) to disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious; (iii) to disseminate or transmit files, data or other material, information or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication or do any act in violation of applicable laws and regulations; (v) to export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) to interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (vii) to disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) to conduct, if applicable, any bank card or other financial transactions except as specifically authorized in each case by your respective customers, clients and patients; (ix) to engage in any conduct that is not in compliance, if applicable, with the privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) and related Omnibus Rule, the Health Information Technology for Economic and Clinical Health Act (HITECH Act), the Telephone Consumer Protection Act of 1991 (TCPA), or the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM) ; or (x) to engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any policy of ours.
Yodle reserves the right to move, remove or refuse to post or transmit any Customer Content that, in Yodle’s sole discretion, is unacceptable, undesirable or in violation of this Acceptable Use Policy, including without limitation: (i) obscene, profane, pornographic content; (ii) defamatory, fraudulent or deceptive statements; (iii) threatening, intimidating, abusive or harassing statements; (iv) content that violates the privacy rights or intellectual property rights of others; (v) content that unlawfully promotes or incites hatred; (vi) content that is otherwise offensive or objectionable; (vii) any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or (viii) content that violates the terms of the social networking or other websites to which the Customer Content is syndicated.

For the Review Solicitation Feature:

You agree to only solicit reviews from customers to whom you have provided your services. You are also responsible for ensuring that regulations and professional rules applicable to you and your business allow you to solicit or request reviews from customers and that any such reviews are in accordance with applicable regulations and professional rules.
You acknowledge that not all reviews about your business will be positive. If your business receives a review that is four or more stars, Yodle will automatically (i) upload that review to your website and RateABiz.com and (ii) syndicate that review to Facebook. If your business receives a review that is three or fewer stars, you will have an opportunity to either (i) report any misconduct or (ii) respond to the review; and Yodle will upload that review and your response, if any, only to RateABiz.com fourteen (14) days from the date of the review. Further, Yodle reserves the right not to publish, or to remove, any review that it determines, in its sole discretion, is not legitimate.
Upon termination of your Yodle review solicitation service, Yodle reserves the right to remove any reviews that it syndicated or published.

For Transmission of Automated Communications, including the Email Marketing and Offers Features and any Automated Communications:

For purposes of sending electronic mail communications, you acknowledge and agree that you are the "sender" and Yodle is not a "sender" or "designated sender" for purposes of the CAN-SPAM Act.
You are responsible for obtaining required consents from clients and patients to whom you send Messages. You agree to promptly respond if a client or patient indicates they no longer wish to receive Messages of any given type via the Services by disabling in the Services the associated message type(s) or device(s) for the client or patient making the request.
You agree not to send more than 10,000 emails per month through Yodle’s Services.
You agree not to upload into your contact list anyone who has unsubscribed from receiving emails or other Messages from you.
You agree that you are solely responsible for (i) supplying all required disclaimers and (ii) compliance with all local, state and federal laws and regulations, as well as any professional rules and regulations applicable to you, your business, and your employees, contractors and representatives, including with respect to any suggestions provided by Yodle that you choose to use.
Certain functions are provided by a third party. By using the email marketing or offers feature, you agree to the Third Party Service Provider Terms available at http://www.yodlemarketingsolution.com/legal/terms/third-party-service-provider-terms, which are hereby incorporated by reference herein.

For Photo Upload Feature:

You acknowledge and agree that you are responsible for ensuring that you have the necessary rights to any photographs uploaded and posted to your adverSite. You will be responsible for ensuring compliance with any third party’s intellectual property rights and for ensuring that all photographs comply with the regulations and professional rules applicable to you and your business and the requirements of this Acceptable Use Policy.

For Images Uploaded From Yodle’s Platform:

You acknowledge and agree that images that are uploaded through Yodle’s platform (the “Licensed Images”) may only be used in connection with the Services and for display solely in digital form.
You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Licensed Images.
You may not use the Licensed Images:
- on a stand-alone basis with no other content;
- for pornographic, defamatory or other unlawful purposes;
- in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
- for the purpose of enabling file-sharing of the image file; or
- in logos, trademarks, services markets or any other branding or identifiers.
If a Licensed Image featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
You may not activate the “right-click” function in Licensed Images, remove any metadata in Licensed Images, or reverse engineer, decompile, or disassemble Yodle’s website to enable the download or use Licensed Images on a stand-alone basis.
You are not granted any ownership or copyrights to Licensed Images.

For Email Append Feature:

Upon your initial subscription for a Service that includes the Email Append feature, Yodle will process your list of End Consumers that lack known email addresses (“Unmatched End Consumers”) and, to the extent Yodle is able to find email addresses that match the Unmatched End Consumers, provide up to 600 email addresses for such Unmatched End Consumers. At four-month intervals during the Term, Yodle will process the information for additional Unmatched End Consumers and will provide up to 50 additional email matches. Yodle may be able to provide additional email matches for an additional fee.

For Users of Mobile Applications:

The following additional terms and conditions apply with respect to any Mobile Application that Yodle provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

You acknowledge that the Agreement is between you and Yodle only, and not with Apple, Inc. ("Apple").
Your use of Yodle's iOS App must comply with Apple's then-current App Store Terms of Service.
Yodle, and not Apple, is solely responsible for Yodle’s iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Yodle’s iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Yodle, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Agreement and any law applicable to Yodle as provider of the iOS App
You agree that Yodle, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Yodle’s iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using Yodle’s iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement as they relate to your license of Yodle's iOS App. Upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of the Agreement against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Yodle provides to you designed for use on an Android-powered mobile device (an "Android App"):

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge that the Agreement is between you and Yodle only, and not with Google, Inc. ("Google")
Your use of Yodle's Android App must comply with Google's then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Yodle, and not Google, is solely responsible for Yodle's Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Yodle's Android App or the Agreement.