Welcome to You42. We’re so glad that you’re here to use You42 and our other products and services, all of which we refer to simply as the “Services.” Make yourself comfortable and have a good time, but please follow our house rules.
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Service (the “Terms” for short). The Terms are a legally binding contract between you and You42, Inc. and its family of subsidiaries (collectively, “You42,” “we,” or “us”. This contract does not create an agency, partnership, joint venture, employment or franchisee relationship between you and You42, it simply sets out your rights and responsibilities when you use the Services provided, so please read it carefully.
By using any of our Services, you agree to these Terms. If you don’t agree with the Terms, then don’t use our Services.
You’ll need to create an account with You42 to use some of our Services. Here are a few rules about accounts with You42:
Your license.You42 grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use our Services in accordance with these Terms and our other usage policies.
Updates. Any software, such as mobile applications, that we provide may automatically download and install updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings, but be aware that limiting updates may limit the software’s functionality.
Our stuff. You may not copy, download, modify, distribute, sell, or lease any part of our Services, nor may you use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit these restrictions or you have our written permission to do so. We also do not grant you the right to use You42 Inc.’s branding, logos, designs, photographs, videos, or any other of our materials used in the Services.
Your stuff. Many of our services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Our license. For all Services, you grant You42 a worldwide, royalty-free, perpetual, irrevocable, unrestricted, and transferable license to host, store, transmit, use, display, reproduce, modify, adapt, edit, publish, publicly display, and distribute your user content. This license is for the limited purpose of operating, providing, improving, promoting, and developing our Services, as well as helping to develop new Services.
License to other users. You further grant all users of You42 Services permission to view and/or access your content for their personal, non-commercial purposes. The foregoing licenses are in addition to any license that you may decide to grant.
License terms. The above licenses will continue until you remove your content from the Services, in which case the licenses will terminate within a commercially reasonable period.
Advertising. The Services may contain advertisements. In consideration for You42 letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Therefore, advertising may sometimes appear near your content.
This Service may provide features that enable you to communicate with others or submit content. You are entirely responsible for the content of, and any harm resulting from, any of your submissions to this Service (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:
Please utilize our reporting features to flag inappropriate content, or reach us directly at email@example.com with your concerns.
Our Service Management. We may, but are not required to: (a) monitor or review this Service for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof (i) that in our sole view may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you or (ii) upon receipt of court order to do so; and (d) manage this Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Service.
Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses or providing false information. Please choose carefully the information you post on this Service and that you give to other Service users. You assume all risks associated with dealing with other users with whom you come in contact through this Service. We expect that you will use caution and common sense when using this Service.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to the Services and grant the licenses set forth above; (ii) You42 will not need to obtain licenses from any third-party or pay royalties to any third- party; (iii) the content does not infringe any third-party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with these Terms and all applicable laws.
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on You42 that we deem to be infringing the copyright of others. If you become aware of user content on You42 that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to You42.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:
202 Tribble Gap Rd #300, Cumming, GA 30040
Please send our Copyright Agent the following information:
If we remove your user content in response to a copyright or trademark notice, we will notify you via You42 or by email and offer to provide you with a copy of the notice. If you believe that your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on You42 before that period passes, we will consider restoring your user content to the site.
It is You42's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
In using You42 Services, you must always behave respectfully. Specifically, you represent and warrant that you will not:
You are responsible for any data or mobile charges that you may incur for using our Services, this includes streaming data or messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a You42 account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
Termination By You. We would hate to see you go, but you may terminate your account with You42 at any time from your account settings.
Termination By You42. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. It’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. You42 may refuse service to anyone, at any time, for any reason.
Information Loss. If you or You42 terminate your account, you may lose any information associated with your account, including your content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You42 provides its Service on an "as is" and "as available" basis. You therefore use the Services at your own risk. You42 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, You42 makes no representations or warranties:
You42 takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which You42 will be responsible for.
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with these Terms or your use of or attempt to use our Services, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, shareholder, employee, agent, and officer, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Services.
You will indemnify, defend, and hold harmless You42 and its affiliates, directors, shareholders, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Services; (ii) assert a violation by you of any of these Terms; or (iii) assert that any content you submitted to You42 violates any law or infringes any third-party right, including any intellectual property or privacy right.
Governing Law. These Terms shall be governed by the laws in force in the State of Georgia, without regard to its conflict of laws rules, and the laws of the United States of America.
Forum. Any action arising out of or relating to these Terms or your use of the Services must be commenced in the state or federal courts located in Fulton County, Georgia, United States of America. Both you and You42 consent to jurisdiction is such courts and explicitly waive your claims to trial by jury.
Arbitration. You and You42 agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and You42 are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
Waiver and Remedies. Headings are for convenience only and shall not be used to construe these Terms. No failure or delay by You42 in exercising any right hereunder will waive any further exercise of that right. You42's rights and remedies hereunder are cumulative and not exclusive.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
Successors; Assignment; Third Party Beneficiaries. These Terms are binding upon both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this contract without You42’s prior written consent. No third party shall have any rights hereunder.
Notice. You consent to receive all communications including notices, agreements, disclosures, or other information from You42 electronically. You42 may provide all such communications by email or by posting them on the Services. You may send notices of a legal nature to You42 at firstname.lastname@example.org or the following address:
Attention: Legal Department
202 Tribble Gap Rd
Cumming, GA 30040
Nothing herein shall limit You42's right to object to subpoenas, claims, or other demands.
Changes to These Terms. These Terms may not be modified except by a revised Terms of Service posted by You42 and accepted by you or a written amendment signed by an authorized representative of You42. If a material change of the Terms occurs, you will receive notice of the details via the Services or by your registered email. Please keep your email address on file with us current. You will then be required to accept the new agreement before you will be permitted to continue to use the site. .If you do not accept the new agreement, you will not be permitted to continue to use the Service.
Entire Agreement. This constitutes the entire understanding between you and You42, including those documents which are incorporated by reference. These Terms supersede all prior agreements and understandings regarding the same. If you have any further questions concerning these Terms, please direct your inquiry to email@example.com.
Effective Date: September 7, 2018