Terms of Service
1. Your Relationship With Us
Welcome to YOUAR (the “Platform”), provided by YOUAR Inc. (“YOUAR”, “we”, “us”). These Terms of Service (“Terms”) govern your use of the Platform and our related services, applications, products, and content (collectively, the “Services”). By accessing or using our Services, you agree to these Terms.
If you are under 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure your parent or legal guardian has reviewed these Terms with you.
Arbitration Notice for Users in the United States: These Terms include an arbitration clause and a waiver of rights to participate in a class action. Please read carefully.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with YOUAR and agree to these Terms and our Privacy Policy. If you use the Services on behalf of a business, you represent that you have the authority to bind that entity to these Terms. We recommend that you print or save a copy of these Terms for your records.
3. Changes to the Terms
We may update these Terms periodically to reflect changes in our Services, such as new features, combining apps or services, or regulatory updates. When we make significant changes, we will make reasonable efforts to notify all users, for example, through a notice on our Platform. However, we encourage you to review the Terms regularly to stay informed of any changes.
We will update the “Last Updated” date at the bottom of these Terms to indicate when the changes take effect. By continuing to access or use our Services after the new Terms take effect, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must stop using the Services.
4. Your Account with Us
To access or use certain features of our Services, you need to create an account with us. When creating your account, you must provide accurate and up-to-date information. It's important to keep your details current and complete by promptly updating any changes.
Your account password must remain confidential. Do not share it with any third party. If you suspect that someone else knows your password or has accessed your account, please notify us immediately at: support@youar.io.
You are solely responsible for all activities that occur under your account. We reserve the right to disable your account at any time if you fail to comply with these Terms, or if any activities on your account, in our sole discretion, cause or may cause harm to the Services, infringe on third-party rights, or violate any laws or regulations.
If you no longer wish to use our Services and want your account deleted, contact us at: support@youar.io. We will guide you through the account deletion process. Please note that once your account is deleted, you will not be able to reactivate it or retrieve any content or information you have added.
5. Your Access to and Use of Our Services
Your use of our Services is subject to these Terms, as well asall applicable laws and regulations. You may not:
Access or use the Services if you are not fully able and legally competent to agree to these Terms or do not have authorization from your parent or legal guardian.
Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included in them, including files, tables, or documentation, or any attempt to determine any source code, algorithms, methods or techniques embodied by the Services.
Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.
Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation without our express written consent.
Interfere with or attempt to interfere with the proper functioning of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.
Incorporate the Services or any portion thereof into any other program or product. We reserve the right to refuse service, terminate accounts, or limit access to the Services at our sole discretion.
Use automated scripts to collect information from or otherwise interact with the Services.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available originates from the Services.
Intimidate or harass another person, or promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Use or attempt to use another person’s account, service, or system without authorization from YOUAR, or create a false identity on the Services.
Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews.
Use the Services to upload, transmit, distribute, store, or otherwise make available files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation.
Share any private information of any third party, including addresses, phone numbers, email addresses, or any personal identity document numbers (e.g., National Insurance numbers, passport numbers) or credit card numbers.
Post any material that infringes any copyright, trademark, or other intellectual property or privacy rights of any other person.
Post any material that is defamatory, obscene, offensive, pornographic, hateful, or inflammatory.
Post any material that would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm.
Post any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people.
Post any material that contains a threat of any kind, including threats of physical violence.
Post any material that is racist or discriminatory, including discrimination based on race, religion, age, gender, disability, or sexuality.
Provide answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide.
Post any material that, in the sole judgment of YOUAR, is objectionable, restricts or inhibits any other person from using the Services, or which may expose YOUAR, the Services, or its users to any harm or liability of any type.
We reserve the right to remove or disable access to any content at our discretion, at any time, and without prior notice, for any reason or no reason. This may include content that we find objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
6. Intellectual Property Rights
We respect intellectual property rights and require you to do the same. You are not allowed to post, share, or send any content that violates or infringes on someone else's copyrights, trademarks, or other intellectual property rights.
If we determine that your user content infringes another person’s copyrights, trademarks, or other intellectual property rights, we may remove the content and suspend or terminate your account. Repeated copyright violations or other infringements may result in a permanent ban from using the YOUAR site or app.
We reserve the right to refuse access to any user whose account has been used for improper activities. This includes opening a new account if your previous account was terminated for such violations.
7. Content
YOUAR Content
All content on our Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the overall "look and feel" (collectively, the "YOUAR Content"), is owned or licensed by YOUAR. Any use of YOUAR Content not expressly permitted by these Terms is strictly prohibited. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit YOUAR Content without our prior written consent or, where applicable, the consent of our licensors. We and our licensors reserve all rights not expressly granted in these Terms.
By using our Services, you acknowledge that YOUAR may generate revenue from your use, such as through advertising, sponsorships, promotions, and usage data. You agree that you have no right to share in this revenue, unless explicitly stated in another agreement with us. Furthermore, unless specifically permitted by us, you have no right to receive any income from any User Content or any use of musical works, sound recordings, or audiovisual clips made available to you through the Services. You are also prohibited from monetizing or obtaining any consideration from any User Content within the Services or on any third-party service (e.g., YouTube).
User-Generated Content
Users may upload, post, or transmit content through our Services, including text, photographs, models, textures, objects, videos, sound recordings, and music (collectively, "User Content"). Users can also create collaborative content using other users' User Content, as well as overlay music, graphics, stickers, and other elements provided by YOUAR ("YOUAR Elements"). The views expressed by other users do not represent our views or values.
When you use features that allow you to upload or transmit User Content, you must comply with the standards outlined in the "Your Access to and Use of Our Services" section. If you upload or transmit User Content to third-party platforms, you must also comply with their content guidelines.
You warrant that your User Content complies with these standards and agree to indemnify us for any breach of this warranty, meaning you are responsible for any loss or damage we suffer due to your breach. User Content will be considered non-confidential and non-proprietary. By submitting User Content, you represent that you own it or have received all necessary permissions to submit it.
You retain ownership of your User Content, but by submitting it through our Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, reproduce, create derivative works of, publish, transmit, and distribute your User Content in any format and on any platform. This license includes the right to use your username, image, voice, and likeness to identify you as the source of your User Content.
You waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content and any privacy or publicity rights in connection with your User Content. We have the right to disclose your identity to any third party claiming that your User Content violates their intellectual property or privacy rights.
We or authorized third parties may edit, remove, or refuse to publish your content at our sole discretion. We recommend saving copies of your User Content on your personal device to ensure permanent access. We do not guarantee the accuracy, integrity, or quality of any User Content and are not liable for it.
You control whether your User Content is publicly available or only accessible to approved users by selecting the appropriate privacy setting within the Platform. We accept no liability for content submitted by users and published by us or authorized third parties. To file a complaint about content uploaded by other users, contact us at: support@youar.io.
YOUAR takes reasonable measures to remove infringing material from our Services expeditiously. We may disable or terminate accounts for repeated intellectual property infringements.
Feedback
We welcome feedback from our users. If you choose to send us ideas for products, services, features, modifications, content, or any related materials (collectively, "Feedback"), please note:
YOUAR has no obligation to review, consider, or implement your Feedback or to return it.
Feedback is provided on a non-confidential basis, and we are not obligated to keep it confidential or refrain from using it.
By sending Feedback, you grant us perpetual and unlimited permission to use and exploit the Feedback and any derivatives for any purpose without restriction, free of charge, and without attribution. This includes making, using, selling, and promoting products and services that incorporate Feedback.
8. Indemnity
You agree to defend, indemnify, and hold harmless YOUAR, its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including attorneys' fees, that arise from:
A breach of these Terms by you or any user of your account.
A breach of your obligations, representations, or warranties under these Terms.
This means you are responsible for any losses or damages we incur due to your actions or the actions of those using your account.
9. Exclusion of Warranties
Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or waive and that you are legally entitled to as a consumer.
The Services are provided "as is" and we make no warranties or representations about them. Specifically, we do not warrant or represent that:
Your use of the Services will meet your requirements.
Your use of the Services will be uninterrupted, timely, secure, or error-free.
Any information obtained by you as a result of your use of the Services will be accurate or reliable.
Any defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Services except to the extent they are expressly set out in these Terms.
We may change, suspend, withdraw, or restrict the availability of all or any part of our Platform for business and operational reasons at any time without notice.
10. Limitation of Liability
Nothing in these Terms excludes or limits our liability for losses that cannot be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence, the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
Subject to the above, we are not liable to you for:
Any loss of profit (whether incurred directly or indirectly).
Any loss of goodwill.
Any loss of opportunity.
Any loss of data.
Any indirect or consequential losses.
Any other losses will be limited to the amount you have paid to YOUAR in the last 12 months.
We are not liable for any loss or damage incurred by you as a result of:
Your reliance on the completeness, accuracy, or existence of any advertising, or any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service.
Any changes we make to the Services, or any permanent or temporary cessation of the Services or any features within them.
The deletion, corruption, or failure to store any content and other communications data maintained or transmitted by or through your use of the Services.
Your failure to provide us with accurate account information.
Your failure to keep your password or account details secure and confidential.
Please note that we provide our Platform for domestic and private use only. You agree not to use our Platform for any commercial or business purposes, and we have no liability for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our Service, including text messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Service.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including but not limited to any carrier, copyright owner, or other user, is directly between you and that third party. You irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. Other Terms
Third-Party Software
The Platform contains both open-source and proprietary third-party software. Each item of third-party software is subject to its own applicable license terms, which can be found at youar.io/terms/thirdparty.
Entire Agreement
These Terms constitute the entire legal agreement between you and YOUAR and govern your use of the Services. They replace any prior agreements between you and YOUAR regarding the Services.
Links
You may link to our homepage, provided the link is fair, legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that you do not own. The website linking to our Services must comply with the content standards set out in the "Your Access to and Use of Our Services" section above. We reserve the right to withdraw linking permission without notice.
No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.
Severability
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions will continue to be valid and enforceable.
Arbitration and Class Action Waiver
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt-out procedure described below.
Informal Resolution First
In the event of any dispute between you and YOUAR, you agree to first contact YOUAR and make a good faith effort to resolve the dispute informally before resorting to more formal means of resolution, including any court action.
Arbitration Agreement
After attempting informal resolution, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of YOUAR’s services and/or products, including the Services, or to communications between you and YOUAR or any other user of the Services, will be resolved by binding arbitration. This arbitration agreement applies equally to you and YOUAR, except for claims related to intellectual property infringement or unauthorized access to the Services. You may also use small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first date you access or use the Services by following the procedure described below.
The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and you and YOUAR waive the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
YOUAR Inc.
2729 SE Division St., Portland, OR 97202
Email Address: rayd@youar.io
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. This does not apply to the "Class Action Waiver" section below.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action. Any claim that all or part of this Class Action Waiver is unenforceable may be determined only by a court of competent jurisdiction, not by an arbitrator.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief. If a claim proceeds in court rather than in arbitration, you and YOUAR each waive any right to a jury trial.
California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at www.dca.ca.gov/about_dca/contactus.shtml.
California residents under 18 who are registered users of the Services may request and obtain removal of posted content by contacting us at: support@youar.io. All requests must be labeled "California Removal Request" in the email subject line and must provide a description of the content to be removed and sufficient information for us to locate the content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not properly labeled or sent, and we may not respond if you do not provide adequate information.
Exports
You agree not to export or re-export, directly or indirectly, the Services and/or other information or materials provided by YOUAR to any country requiring an export license or other governmental approval without first obtaining such license or approval. Specifically, the Services may not be exported or re-exported to any U.S. embargoed countries or to anyone on the U.S. Government's list of prohibited or restricted parties.
U.S. Government Restricted Rights
The Services and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," and are provided to U.S. Government end users with only those rights as granted to all other end users under these Terms.
App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple.
By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
These Terms between YOUAR and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
YOUAR expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Google Play.
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or noncompliance by YOUAR or you (or any other user) under these Terms or the Google Play Terms.
Contact Us.
You can reach us at: support@youar.io or write us at YOUAR Inc., 2729 SE Division St., Portland, OR, 97202
Last updated: June 26th, 2024
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