Welcome to YesterSay Games. These Terms of Use (“Terms”) govern your access to and use of the YesterSay website, products, and related services (collectively, the “Services”), operated by YesterSay Games(“YesterSay,” “we,” “us,” or “our”). By visiting our site, purchasing our products, or otherwise using our Services, you agree to these Terms. If you do not agree, please do not use the Services.
Terms of Use
1. Who We Are
YesterSay is a family storytelling game that uses scan-and-record technology (powered by our partner, Spokenote®) to let players capture video responses to prompt cards.
2. Eligibility
Our Services are intended for use by adults, or by minors under the supervision of a parent or guardian. If you are under 18, you may use the Services only with the involvement and consent of a parent or guardian, who agrees to these Terms on your behalf.
We do not knowingly collect personal information directly from children under 13 through our website. Any video content, names, or other information recorded as part of gameplay is intended to be captured, stored, and managed by the adult(s) facilitating play, not submitted to us directly by a child.
3. Purchases
- All prices displayed on the site are subject to change without notice.
- By placing an order, you represent that the payment information you provide is accurate and that you are authorized to use the payment method provided.
- We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, or product unavailability.
- Shipping timelines, if stated, are estimates only and not guarantees.
4. User-Recorded Video Content
Part of the YesterSay experience involves scanning a card and recording a video response using your own device, via our technology partner Spokenote®.
- You own your content. Videos you record belong to you and the people in them. We do not claim ownership over the personal video content you create through gameplay.
- Storage and access. Recorded videos are linked to a unique code on each physical card and are stored via Spokenote®’s platform, subject to Spokenote®’s own terms and privacy policy. We are not responsible for content loss, corruption, or access issues arising from that third-party service.
- Your responsibility. You are solely responsible for the content you record, including obtaining consent from anyone appearing in your videos, and for keeping your physical cards (and their associated codes) secure, since access to a card generally means access to its linked video.
- Appropriate use. Do not use the recording feature to capture or upload content that is illegal, harassing, obscene, or that violates the rights or privacy of others.
5. Intellectual Property
The YesterSay name, logo, card designs, prompt content, website content, and related materials are owned by YesterSay or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for your own recorded video content (see Section 4), you may not copy, reproduce, distribute, or create derivative works from our materials without our prior written permission.
6. Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Attempt to reverse-engineer, disrupt, or gain unauthorized access to any part of our Services or Spokenote®’s platform;
- Misrepresent your identity, age, or authority when purchasing or using the Services;
- Upload or transmit any content that infringes another’s rights, is defamatory, obscene, or harmful to minors.
7. Third Party Services
Our Services rely on and link to third-party providers, including but not limited to Spokenote® (scan-and-record technology), payment processors, and email/newsletter providers. Your use of those third-party services is subject to their own terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services.
8. Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or that recorded video content will be preserved indefinitely.
9. Limitation of Liability
To the fullest extent permitted by law, YesterSay and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data (including recorded videos), arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.
10. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date below. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
11. Governing Law
These Terms are governed by the laws of Ohio, without regard to its conflict of law principles.
12. Contact
If you have questions regarding these Terms of Use, please contact us.
Terms of Use last updated: August 2026