GetYarny

Creative writing in the cloud

Write the way you want to write, using any approach you like, in a simple, distraction-free environment. Keep your writing private, or share it with others. It's creative writing in the cloud. 

Welcome to the Yarny Web Service, owned and operated by The School of Computing and Informatics students at the Ivy Tech Community College Bloomington Campus ("SoCI-ITCC-BC").

These Terms of Use (“Agreement”) explain our obligations to you and your obligations to us.

 


If You Are Under the Age of 18

If you are under the age of 18, we recommend that you read and understand these obligations. Although, as a minor, you are not agreeing to them in the sense of a contractual agreement, if you fail to abide by them, we may cancel your account.

 

If you don’t want to read this entire document, then here is the short version:

  • while using Yarny, be nice to others and don’t use Yarny in any way that will cause someone else to be hurt emotionally or physically;
  • be safe online and guard your credentials and your online identity;
  • don’t do anything that gets in the way of others using Yarny; and,
  • understand that:
    • Whatever you enter into Yarny is yours
    • Yarny, the application, is ours.

 


If you are 18 or older,

then you are agreeing in the fully legally-binding, contractual sense of the word.  This Agreement covers the Yarny.me application, the getyarny.com website, and all associated forums, help tools, blogs, APIs and all data, forms, texts, reports, images, sounds, videos, and content made available through or created by Yarny sites and tools, all of which is hereby known as the “Service.”  Any new features or enhancements to the Service are also subject to this Agreement.  By accessing or using the Service in any way, you acknowledge that you have read, understand, and agree to be bound to this Agreement.  You understand and agree that the Service will likely change over time and so will this Agreement.  You also understand and agree that this Agreement may not address every instance or circumstance of use, but you agree to apply these Terms of Use in a manner consistent with their common intent and meaning.  You agree to regularly check the Service site for any changes to this Agreement, which may be made by SoCI-ITCC-BC at anytime.  You understand and agree that, subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title, and interest in and to the Service and its components will remain with and belong exclusively to SoCI-ITCC-BC.  

 

1. Your Obligations

Use of the Service 

Subject to this Agreement, you may access and use the Service only for your lawful personal or professional purposes.   

Content

You understand and agree that you are responsible for all information, data, text, messages, or other materials that you post to or otherwise transmit via the Service.   

Access Control 

You agree to maintain, to the maximum reasonable extent, the security and confidentiality of the username(s) and password(s) used to access the Service.  You agree to immediately notify SoCI-ITCC-BC of any unauthorized use of your username(s) and password(s) or any other breach of security. 

Prohibited Uses

You agree that you shall not perform any of the following:

  • License, sublicense, sell, resell, rent, lease, repurpose, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Agreement;
  • Use the Service to process data on behalf of any third party;
  • Use the Service in any unlawful manner;
  • Use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;
  • Use the Service in anyway that otherwise interferes with others’ use of the Service or breaches their confidential information;
  • Attempt in anyway to undermine, diminish, work around, or compromise the security and integrity of the Service and its associated servers, systems, networks, code, and purpose, or the servers, systems, and/or networks of third party hosting companies;
  • Attempt to gain unauthorized access to any material(s) other than those for which you have been given express permission to access;
  • Transmit or upload to the Service any files, programs, or data that may damage or interfere with the Service or any other person’s computing devices;
  • Transmit or upload to the Service any material(s) that may be considered offensive;
  • Transmit or upload to the Service any material(s) that by your use violate local, state, and/or federal law(s);
  • Transmit or upload to the Service any material(s) that by your use violate protections of copyright, patent, and/or trade secrets;
  • Not modify, copy, or reverse engineer the Service; or
  • Exceed the volumes or scope of usage defined in your usage plan.

 

2. Donations

All services and features provided by the Service are free for use by all registered members of the Service.

The Service does accept donations to cover the costs of running and maintaining the site, but donations are not required for access to any of the user features provided by the Service.

 

3. Canceling Your Account

You are responsible for canceling your account.  You may cancel your account anytime by logging into Yarny and selecting “Manage Subscription” on the drop down menu that appears when you click you email.  If you want your account cancelled and erased, log in to Yarny, click the Feedback button, and, in the space provided, write to us telling us that you want to cancel your account.

ONCE CANCELLED, ALL OF YOUR DATA WILL BE DELETED IMMEDIATELY.

 

4. Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.  

 

5. Indemnity

You agree to indemnify SoCI-ITCC-BC, its affiliates, subcontractors, service providers, officers, and heirs against all claims, costs, damage, and/or loss of any kind and for any reason arising from your breach of any of these terms or any obligation you may have to SoCI-ITCC-BC.  

 

6. Warranties

Acknowledgements  

You understand and acknowledge the following:

  1. If you are using the Service on behalf of or for the benefit of an organization, we assume that you have the right to do so and that organization will be liable for your actions, omissions, payments, and any breach of these terms.
  2. The Service is offered on an As-Is basis. Your use of the Service is at your own risk.
  3. SoCI-ITCC-BC does not warrant the Service to be free from defect or errors
  4. SoCI-ITCC-BC does not warrant that the Service will be available on an uninterrupted and timely basis.  Further, you understand that telecommunications systems, hosting services, computer networks, and other infrastructure not in SoCI-ITCC-BC’s control are necessary to access the Service and that SoCI-ITCC-BC is not in any way responsible for any interference or prevention by such infrastructure providers of your using the Service.
  5. SoCI-ITCC-BC does not warrant that the Service is secure or virus free.
  6. No advice or service provided by SoCI-ITCC-BC creates any warranty not expressly stated in the Terms.   

DISCLAIMER OF WARRANTIES

THE Service AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW, AND SoCI-ITCC-BC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.   

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SoCI-ITCC-BC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION.  IN ADDITION, SoCI-ITCC-BC SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES IN EXCESS OF EITHER THE DONATION PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LESS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.   

REMEDY

IF YOU ARE AN ACCOUNT HOLDER/ADMINISTRATOR AND YOU ARE NOT SATISFIED WITH THE Service, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS IN ACCORDANCE WITH THE “CANCELING YOUR ACCOUNT” CLAUSE ABOVE. IF YOU ARE AN END-USER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE Service.  

 

7. Interrupting or Terminating

SoCI-ITCC-BC reserves the following rights: 

  1. To modify or discontinue, temporarily or permanently, the Service (or any part thereof).
  2. To refuse any and all current and future use by you of the Service.
  3. To suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, but not limited to, if SoCI-ITCC-BC believes that you have violated this Agreement.

SoCI-ITCC-BC will use best efforts to notify you about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account.  

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to the appropriate law enforcement authorities.

SoCI-ITCC-BC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.  

 

8. Trademarks

Yarny(c), GetYarny(c), Yarnyapp(c), and SoCI-ITCC-BC’s various logos used or displayed on the Service are trademarks of SoCI-ITCC-BC and you may use these trademarks or logos for promotional purposes only to identify yourself as a customer or user of this SoCI-ITCC-BC product and service, provided you do not attempt to claim ownership of the marks by incorporating any of them with or within your names or offerings.  

 

9. Assignment

SoCI-ITCC-BC may assign or transfer this Agreement, in whole or in part, without restriction.  

 

10. Governing Law

These Terms of Use shall be governed by the laws of the State of Indiana without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Indiana for the purpose of resolving any dispute relating to your access to or use of the Service.  

 

11. Severability

In the event that any provision of this Agreement is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties and is enforceable under applicable law, and the remainder of this Agreement shall continue in full force and effect.  

 

12. Non Enforcement

The failure of SoCI-ITCC-BC to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right.  

 

13. Entire Agreement

You acknowledge that this Agreement IS a contract between you and SoCI-ITCC-BC, even though it is electronic and is not physically signed by you and SoCI-ITCC-BC, and it governs your use of the Service and takes the place of any prior agreements between you and SoCI-ITCC-BC.