用户生成内容条款

Effective: October 18, 2024

1.General Guidelines

People come to Yesmeal to connect with great local businesses. We know that people won’t always agree, but we expect everyone on the site to treat one another and the platform with honesty and respect. We’ve put together these general guidelines to help set the tone for discourse on the site—just in case. Please also read the additional guidelines below for specific types of content that you might contribute to the site.

Relevance: Please make sure your contributions are appropriate to the forum. For example, reviews aren’t the place for rants about political ideologies, a business’s employment practices, extraordinary circumstances, or other matters that don’t address the core of the consumer experience.

Inappropriate content: Colorful language and imagery are fine, but there’s no place for threats, harassment, lewdness, hate speech, or other displays of bigotry.

Conflicts of interest: Your contributions to Yesmeal should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. Businesses should never ask customers to write reviews.

Privacy: Don’t publicize people’s private information. For instance, please don’t post close-up photos or videos of other patrons without their permission, and don’t post other people’s full names unless you’re referring to someone who is commonly referred to by their full name.

Promotional content: Don’t post promotional material unless it’s in connection with a Yesmeal advertising product and through a Business Account. Let’s keep the site useful for consumers and not overrun with commercial noise from every user.

Post your own content: Don’t swipe content from other sites, users, or businesses. Write your own copy and only share your own photos and videos. This also means you shouldn’t use chatbots or other AI tools to create reviews, including using such tools to draft or revise.

Yesmeal and affiliates (collectively, “Yesmeal”), may, in its sole discretion, permit or allow you and others, including consumers,  merchants, advertisers, and other businesses or partners (in either case “User” or “you”) who use Yesmeal’s platform(s), tools, or social media channels, from time to time to create, submit, upload, publish, email, send messages, or otherwise make available textual, audio, or visual content and information, including commentary, reviews, and feedback related to the Services(as defined in applicable terms located at https://yesmeal.com/cn/legal/yesmeal-terms-and-conditions, initiation of support requests, merchants communication with consumers, and submission of entries for competitions and promotions (“User Generated Content”, or “UGC”) to Yesmeal or Users. By accessing or using the Services to provide UGC, you confirm your agreement to be bound by these User Generated Content Terms (“Terms”). These Terms may also be subject to other agreements you have with Yesmeal and/or applicable terms. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Yesmeal. In these Terms, the words “including” and “include” mean “including, but not limited to.”

2.Yesmeal’s role regarding User Generated Content

You acknowledge that Yesmeal is an online service provider and is not a publisher of UGC; nonetheless, Yesmeal may, but shall not be obligated to, review or monitor UGC and may, in its sole discretion, refuse to display, remove, edit, or disable UGC for any reason, including if Yesmeal determines that UGC may negatively affect Yesmeal or that UGC violates these Terms, , the terms of any other agreement either located at https://yesmeal.com/cn/legal/yesmeal-terms-and-conditions or that you have with Yesmeal, any UGC or other content creation guidelines and/or policies that may be provided to you by Yesmeal from time to time, or applicable codes, laws, legislation, licenses, orders (including court orders), ordinances, rules, regulations, or any other requirement imposed by a government authority. Yesmeal does not endorse or approve any UGC available on the Services. Yesmeal has the right to display any UGC submitted by You on its Platform(s) in accordance with these Terms and shall have the right to combine such UGC with any UGC created by other Users, as well as any content created by Yesmeal itself.

3.License to User Generated Content

UGC remains your property; however, you grant Yesmeal a worldwide, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such UGC in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Yesmeal’s business, and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

4.Representations and Warranties

You represent and warrant that: (i) you either are the sole and exclusive owner of all UGC or you have all rights, licenses, consents and releases necessary to grant Yesmeal the license to the UGC as set forth above; (ii) neither the UGC, nor your submission, uploading, publishing, emailing, messaging, or otherwise making available of such UGC, nor Yesmeal’s use of the UGC as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable applicable codes, laws, legislation, licenses, orders (including court orders), ordinances, rules, regulations, or any other requirement imposed by a government authority; and (iii) you assume all risks (including accuracy and reliability) associated with the content and shall not imply in any UGC that the content is endorsed or verified by Yesmeal. When providing UGC or otherwise using the Services, you agree that you will not:

• Do or allow to be done, anything which will or is reasonably likely to adversely affect the Services or Yesmeal.
• Use the Services to cause nuisance, annoyance, inconvenience, or property damage, for example using vulgar or harassing language, using hate speech, being abusive, or spamming, to any party using the Services.
• Contribute UGC that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, derogatory, defamatory, infringing, invasive of another’s privacy, inaccurate, or otherwise reasonably objectionable.
• Provide content that you don’t have permission to freely distribute, including the personal information of another person.
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, incorporate into advertisements, or in any way use another User’s UGC, except as expressly authorized by Yesmeal or the owner of the UGC.
• Impersonate another person or falsely claim or imply that you are an Yesmeal employee, or Yesmeal representative.
• Attempt to obtain, or phish for, a password, account information, or other private information from anyone else using the Services.
• Use any robot, spider, or other automated device or process to access the Services for any purpose or copy any material from the Services.
• Attempt to use the Services on or through any service that is not controlled or authorized by Yesmeal.
• Promote a business, other commercial ventureor venue, or otherwise use the Services for commercial purposes, except in connection with your account with Yesmeal in accordance with your agreement, these Terms, and/or Merchant online terms and conditions.
• Promote or encourage any prohibited activity described above.

5.Indemnification

You will indemnify, defend, and hold harmless Yesmeal, its Affiliates, and their respective directors, officers, employees, agents, successors, and assigns, against all claims, damages, losses, and expenses (including reasonable outside attorney fees) with respect to any third-party claim(s) arising out of or related to the UGC. You agree that the provisions in this section will survive any termination of your account or this Agreement.

6.Violation of Terms

If you or someone using your account with Yesmeal violates these Terms or fails to remedy a violation after a warning, Yesmeal may take action against you, including revoking access to certain or all of the Services, or terminating your account. In case of severe violations, Yesmeal may take these actions without issuing a prior warning. When appropriate, Yesmeal will notify you of the action it will take in response to violations of these rules or breach of these Terms.

Specific Yesmeal Services may post additional rules that apply to your conduct on those services.

7.Additional Guidelines

Review Guidelines

The best reviews are personal, passionate, and reflect your consumer experience. They offer a rich narrative, a wealth of detail, and a helpful tip or two for other consumers. Here are some additional thoughts for conscientious reviewers:

Personal experience: We want to hear about your firsthand experience, not what you heard from your partner or co-worker, or what you saw in the news. Tell your own story without resorting to broad generalizations and conclusory allegations.

Accuracy: Make sure your review is factually correct. Feel free to air your opinions, but don’t exaggerate or misrepresent your experience. We don’t take sides when it comes to factual disputes, so we expect you to stand behind your review.

Demanding payment: Writing a review should be informative and meant to help the broader Yesmeal community. You should not threaten to post or offer to remove a negative review as a way to extract payment from a business.

Review updates: Review updates should reflect a new experience or interaction with the business. Don’t keep posting about the same old story you’ve already told. If you’d like to add new insight to an old experience, you can edit your review within 30 days of posting it.

Photo and Video Guidelines

Photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.). If you’re a business, show us what you offer and what makes your business unique. Here are some additional things to keep in mind:

Keep it relevant to everyone: We may remove a photo or video that showcases a unique personal experience that isn’t relevant to other people (e.g., a receipt or email exchange with a business) from the photo gallery for the business, but it may appear alongside your review if you write one about the business.

Keep it clean: We don’t want imagery of violence, drug use, nudity, near nudity, or suggestive acts—even if those images are an accurate representation of the business’s services or products.

Keep it friendly: Don’t use your photos or videos to attack or disparage others. A picture is worth 1,000 words, so it’s best to pick those words carefully and make your point in a review, direct message, or review response.

Community Guidelines

Don’t be shy. Use your account profile to let people know who you are and what makes you tick. Your peers want to read reviews from people they know and trust (not those with profiles that are empty or laced with inappropriate content).

User Profiles: Since user trust and transparency are important to us, anonymous users who are disruptive to the community will be dealt with more sternly than those who stand behind their words. We encourage users to tell people a little something about themselves, but ask that you keep it relevant and don’t attack competitors, reviewers, or Yesmeal. Avoid seeding your profile with keywords, special offers, or promotions—we’ll remove those if we see them.

Consumer Messaging: Yesmeal has a handy messaging feature to keep you connected with your fellow Yesmealers. Please don’t use this feature to harass other users or send other inappropriate content, and remember, consumer accounts are for personal, non-commercial use only.

Business Messaging: Businesses should message reviewers using their free Business Account. Direct messaging is often the best way to resolve a dispute with an unhappy customer, but you can also address issues publicly by posting a public comment in response to a review. As with consumers, we ask that business representatives upload a clear photo of themselves to help personalize their messaging. Hopefully it goes without saying, but don’t use direct messages or public comments to launch personal attacks or offer an incentive to change a review.

Ask the Community: Being able to ask and answer community questions about a business is extremely valuable, but as they say, with great power comes great responsibility. Stick to questions that are also relevant to others, don’t ask loaded questions or make presumptions, and keep the tone civil and non-argumentative. If you really don’t have anything meaningful to add, best not to say anything at all. Clear questions with enough context and details will get more focused answers and meaningful conversation. For example, topics like “what is the best noodle place in town” are best discussed in Talk.