Yelp Biz All-Stars Terms of Membership
Welcome and congratulations on being selected to be a Yelp Biz All-Star! These terms and conditions (the "Terms") govern your membership in Yelp's Biz All-Stars program. As used throughout these Terms, the terms "we", "us", "our" and "Yelp" refer to Yelp Inc. and its subsidiaries and affiliates (including without limitation Yelp Reservations, Yelp Wifi and NoWait), the term "Site" refers to Yelp's websites and mobile applications, and the term "Yelp Event" means an event, gathering or meet-up that is organized or hosted by Yelp.
You represent that you (a) are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) have the requisite power and authority to enter into these Terms, (c) are a business owner or have authority to act on behalf of a business owner (think general manager or partner of a business), (d) have a Yelp Business Account in good standing, and (e) have read, understood and accept Yelp's Terms of Service, Content Guidelines, Review Solicitation Policy, and Event Terms and Conditions. As a Yelp Biz All-Stars member, we expect you to abide by these Terms (including the terms, guidelines and policies identified in subsection (d) of this paragraph) and to uphold high standards of decency and honesty on the Site.
Unfortunately, you may not join the Yelp Biz All-Stars program if you are a member of the Yelp Elite Squad or if you work for one of our competitors because such activities present a conflict of interest. Please let us know immediately if you have any of these conflicts. "Competitors" includes, but is not limited to, any other local search websites, local search services, restaurant reservations services, food delivery services (other than restaurants that individually offer delivery of the food that they prepare and sell), WiFi marketing providers and other businesses that operate or offer local search services or websites.
You are also required to use your real name as well as post a real (and clear) photo of your face on your Yelp Business Account profile.
2. INTELLECTUAL PROPERTY
While you may promote your participation in the Yelp Biz All-Stars program using Yelp-approved logos provided to you by Yelp, you do not have the right to otherwise use any of Yelp's logos, trademarks, trade names or other intellectual property ("Intellectual Property") to advertise your business, or for any other purpose, without Yelp's prior written consent in each instance. In the event that Yelp grants such consent, you agree to adhere to Yelp's Brand Guidelines.
3. PHOTOS AND LIKENESS
Yelp and its sponsors and vendors sometimes take photos and videos at Yelp Events ("Media"), and use the Media to create promotional, advertising, informational and other materials about Yelp and the Yelp Biz All-Stars program ("Promotional Materials"). You and/or your business may appear in the Media, and you authorize use of all Media in such Promotional Materials. On the flip side, if you take any photos or videos at a Yelp Event and provide them to us, you authorize us to use them in Promotional Materials, and represent that the attendees and the owners of any businesses that appear in your photos and videos have also consented to such use. You also grant Yelp permission to use, reproduce, modify, display and distribute your and your business' name, image, likeness and logo(s) (including trademarks) in Promotional Materials. You understand that you will not be paid any fees, commissions or royalties in connection with the Media or Promotional Materials, or our use of the Media or Promotional Materials. You also understand and agree that the Promotional Materials are and shall be the exclusive property of Yelp.
4. NO WARRANTIES
While we certainly hope that participating in the Yelp Biz All-Stars program will benefit you, we make no warranties or guarantees that your participation in the program will have any specific benefit or cause any specific improvement in or to you or your business. No one who is not affiliated with Yelp is authorized to make representations regarding Yelp or the Yelp Biz All-Stars program, and you should not rely on any statements or representations from any third party regarding Yelp or the Yelp Biz All-Stars program.
5. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY
Although we try to create a safe environment at Yelp Events, bad things sometimes happen to good people. We ask that you do your part to help limit the possibility that you might get injured at a Yelp Event. First, you agree to carefully consider the inherent risks and take reasonable precautions before you choose to attend or participate at a Yelp Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Yelp Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Note too that some of your Yelp Biz All-Stars comrades may be less responsible than you, and may themselves create additional risk to you despite their best intentions. You understand that your attendance and participation at Yelp Events is voluntary, and you agree to assume responsibility for any resulting injuries or damages to the fullest extent permitted under applicable law.
You (for yourself, and your business, heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf or on behalf of your business) hereby release, waive, discharge and covenant not to sue Yelp or its parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your membership and/or participation in the Yelp Biz All-Stars program or attendance at any Yelp Event, except, of course, for any gross negligence or willful misconduct on our part.
By the same token, you agree to indemnify and hold harmless Yelp and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents and representatives, including with respect to costs, liabilities and legal fees, from any claim or demand made by any third party due to, arising out of or relating to your acts or omissions, negligence or willful misconduct, Yelp Biz All-Stars membership and/or attendance at a Yelp Event.
As a Yelp Biz All-Star, we may contact you to get your input and feedback on the Site, including regarding new features we may be considering. You agree that Yelp will own all right, title and interest in and to any suggestions, ideas, enhancements, requests, feedback and recommendations that you provide to Yelp. If we provide you with access to new features or product offerings, we'll need you to sign a standard confidentiality agreement prior to us providing that information.
Membership in the Yelp Biz All-Stars program automatically terminates at the end of each calendar year unless it is renewed by us at our discretion. Additionally, while we hope not to, Yelp may at its discretion prohibit your attendance at any Yelp Event and/or terminate your Yelp Biz All-Stars membership at any time if you fail to abide by these Terms (including the terms, guidelines and policies identified in paragraph 1(d) above), or for any or no reason, without notice or liability of any kind. You may terminate your Yelp Biz All-Stars membership and these Terms at any time by sending a request to email@example.com. In the event of any termination, whether by you or us, Sections 1 & 3-9 of these Terms will continue in full force and effect.
8. CHOICE OF LAW AND VENUE
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Yelp (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
9. GENERAL TERMS
While the Yelp Biz All-Stars program is designed to help members highlight their business and engage with the Yelp Community, participating in the program does not impact a business' ratings or reviews. Your participation in the Yelp Biz All-Stars program will not influence Yelp's automated software or otherwise allow or enable you, directly or indirectly, to alter reviews or impact whether, where or how reviews appear on the Site. Similarly, your decision not to participate in or to withdraw from the Yelp Biz All-Stars program will not have any adverse impact on your reviews or ratings.
Participation in the Yelp Biz All-Stars program is separate from Yelp's product offerings, including Branded Profiles, Enhanced Profiles or any other Yelp advertising products. For information about Yelp's product offerings to businesses, please visit https://biz.yelp.com/support.
You understand that being part of the Yelp Biz All-Stars does not make you an employee, representative or agent of Yelp. You agree that you will not represent yourself as an employee, representative or agent of Yelp. We reserve the right to modify, update or discontinue the Yelp Biz All-Stars program at our sole discretion, at any time, for any or no reason, and without notice or liability. Any failure on Yelp's part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Any inconsistencies between these Terms and Yelp's Terms of Service will be resolved in favor of these Terms.
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