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General Tearms and Conditions

YOUWITH DISCLAIMER

ACCEPTANCE OF TERMS

YouWith.com LLC ("YouWith") welcomes you. YouWith provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular YouWith owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our spam policy are hereby incorporated by reference into the TOS. YouWith may also offer other services that are governed by different Terms of Service.

 

DESCRIPTION OF SERVICE

YouWith provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for YouWith to provide the Service. You also understand and agree that the Service may include certain communications from YouWith, such as service announcements, administrative messages, and that these communications are considered part of YouWith membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new YouWith properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that YouWith assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.

 

Please be aware that YouWith in the future might create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

 

REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YouWith has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YouWith has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). YouWith is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a joint parent/child account. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content on YouWith.

 

TERMINATION OF SERVICE

You agree that YouWith may, under certain circumstances and without prior notice, immediately terminate your YouWith account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your YouWith account includes (a) removal of access to all offerings within the Service, including but not limited to YouWith, Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in YouWith’s sole discretion and that YouWith shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not YouWith, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. YouWith does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YouWith be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.

 

  1. You agree to not use the Service to:

 

a.       upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.       harm minors in any way;

c.       impersonate any person or entity, including, but not limited to, a YouWith official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.       forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e.       upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f.         upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g.       upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose

h.       upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i.         disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j.         interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

YouWith does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant YouWith the following worldwide, royalty-free and non-exclusive license(s), as applicable:

 

-          With respect to Content (photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of YouWith, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific YouWith website to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or YouWith removes such Content from the Service.

 

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your YouWith ID), use of the Service, or access to the Service.

 

CONTRIBUTIONS TO YOUWITH

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to YouWith through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) YouWith is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) YouWith shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) YouWith may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of YouWith without any obligation of YouWith to you; and (f) you are not entitled to any compensation or reimbursement of any kind from YouWith under any circumstances.

 

LIMITATION OF LIABILITY

By submitting your user based content to YouWith you expressly understand and agree that YouWith and it’s subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if YouWith has been advised of the possibility of such damages), resulting from (1) the use or the inability to use the service (2) The cost of procurement of substitute goods, data, information or  services purchased or obtained or messages received or transactions entered into through or from the service: (3) Unauthorized access to or alteration of your transmissions or data. (4) Statements or conduct of any third party on the service; or (5) any other matter relating to the service.

 

DEALING WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that YouWith will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 
 
 
 
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