This is a legally binding agreement between YUSER and You.
Welcome to the Service. It was created by YUSER as a platform for communication and entertainment.
You agree not to share Your YUSER Account login information or let others have access to Your Account and You will not attempt to transfer Your YUSER Account to anyone else. You are responsible for the activity that happens on or through Your Account, so we urge You to keep Your Account login information secure and to always log-off when leaving Your mobile device unattended. If You no longer wish to use the YUSER App, You should completely quit and exit the YUSER App on Your mobile device. Although YUSER will not be liable for losses caused by any unauthorized use of Your YUSER Account, You may be liable for the losses of YUSER or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your YUSER Account or of any related security breach by contacting us at firstname.lastname@example.org. If for any reason You want to limit Your children’s access to the Service, there are a number of commercially available parental control protections.
3. OWNERSHIP OF THE SERVICE
The Service may contain links to third party services that are not owned or controlled by YUSER. YUSER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, YUSER will not and cannot censor or edit the content of any third party service. You expressly release YUSER from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED CONTENT
The term “Content” refers to any information, data, communication, video, text, graphics, photos, sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may upload, or otherwise submit (collectively‚”Submit”) to the Service, or view or access on the Service.
All rights, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests,will remain with You, subject to the licenses You make hereunder. YUSER does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of YUSER and anyone acting with the authorization of YUSER.
YUSER assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a post initiated by You, even if You are not the creator of that Content.
As with other Content, YUSER assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
By Submitting Content to the Service, You are granting YUSER and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of YUSER and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your username, profile images, photographs, content, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the App and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5. ACCEPTABLE USE POLICY
You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
6. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
7. DATA CHARGES
You are responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.
8. FEEDBACK FROM YOU
While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of YUSER, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, YUSER may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
To provide such submissions or feedback, please email email@example.com.
9. COPYRIGHT INFRINGEMENT POLICY
Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that one of our users is using YUSER to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to firstname.lastname@example.org:
(1) your physical or electronic signature;
(2) identification of the copyrighted work(s) that you claim to have been infringed;
(3) identification of the material on our Services that you claim is infringing and that you request us to remove;
(4) sufficient information to permit us to locate such material;
(5) your address, telephone number, and e-mail address;
(6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
You agree to defend, indemnify and hold harmless Yuser, our directors, officers, employees, affiliates, agents and suppliers, from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Services; (ii) your User Content; or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
11. PLATFORM PROVIDERS
14. DISPUTE RESOLUTION
(a) Mandatory Arbitration. Any dispute or claim between you and us relating to or arising out of the Services or the Terms, will be referred to and determined exclusively through binding confidential arbitration conducted in Toronto, Ontario, Canada, unless you are a resident of the United States, in which case the arbitration will be held in a location within 100 miles of your residence, unless the parties agree otherwise.
The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute (the Arbitration Act, 1991, S.O. 1991, c.17, as amended, or the International Commercial Arbitration Act, R.S.O. 1990, c. I.9, as amended, or such other statute that may be enacted). The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. You and Yuser may also take claims to small claims court in Toronto, Ontario, Canada if the dispute qualifies for hearing by that court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.
You and Yuser also agree that: (i) you and Yuser will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award of costs, consider whether costs are prohibitive compared to litigating in a court, and may require Yuser to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, in which case Yuser will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) the arbitrator will honor claims of privilege and privacy recognized at law; (iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (v) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.
(b) Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(c) Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Yuser Inc. built the Yuser app as a Free app. The YUSER Service is provided by Yuser Inc. at no cost and is intended for use as is.
This section outlines our policies with the collection, use, and disclosure of Personal Information if anyone decides to use the YUSER Service.
Information Collection and Use
The app does use third party services that may collect information used to identify you.
We want to inform you that whenever you use the YUSER Service in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing the YUSER Service, the time and date of your use of the YUSER Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
The YUSER Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of the YUSER Service.
We may employ third-party companies and individuals due to the following reasons:
To facilitate the YUSER Service;
To provide the YUSER Service on our behalf;
To perform YUSER Service-related services; or
To assist us in analyzing how the YUSER Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Apps or Sites
These YUSER Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.