Terms of Use 

 Please read these YUSER Terms of Use with care before You make use of the YUSER Service, which is available as a mobile application (the “App”). We’ll refer to You here as “You,” “Your” and “Yourself.” We will refer to YUSER, as “YUSER,” “we,” “us” or “our”.

These YUSER Terms of Use as they may be subsequently amended (“Terms of Use” or “Terms”) outline the terms and conditions applicable to Your use of the YUSER Service and any related services, aspects, functions, software platforms and derivatives of the YUSER Service (collectively, the “Service”).

This is a legally binding agreement between YUSER and You.

  • Use of the Service for any purpose that is unlawful or prohibited by the Terms of Use is prohibited.

  • By accepting these Terms You confirm that You are at least 13 years of age. YUSER is not intended for anyone under the age of 13. You may reside in a country where local laws fix the digital age of consent to be older than 13. By accepting these Terms You also confirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

If You do not accept the Terms of Use You may not use the Service.

1. WELCOME

Welcome to the Service. It was created by YUSER as a platform for communication and entertainment.

Yuser is an image, video, and chat based social media platform. Subject to the Terms of Use (as they might be amended) and any other applicable agreements between You and YUSER, the Service allows you to post original content, gift content, comment, chat with other users, and earn gems.

The Service offers other functions as well that are described in the Terms of Use and in notices and publications from YUSER. YUSER reserves the right in its sole discretion to change, modify, add, or delete features and functions of the Service at any time. We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service as a creator of Content and as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden Rule (“do unto others…”).

2. REGISTRATION

In order to access the features of the Service, and to be able to Submit (as that term is defined below) Content as a user, You will have to create a YUSER Account via Your mobile phone number (the “YUSER Account”), and create a username to be assigned to Your account. By registering with YUSER, You agree to our data practices, including the collection, use, processing, and sharing of Your information, as described within this Terms of Use as well as in our Privacy Policy. By creating a YUSER profile and providing Your mobile phone number, You agree to receive text messages(from us or our third-party providers) with codes to register for our Services.

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 support@yuser.co. 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

All elements of the Service, including underlying platforms, software, look and feel, and other components (“Service Components”), to the full extent protectable by law, are either proprietary to YUSER or proprietary to our licensors. “YUSER” and other slogans, service marks, and names, which are used to identify the Service and/or the source of the Service, are proprietary to YUSER. You shall not remove or alter any proprietary or restrictive notice or legend affixed to any material provided as part of the Service or otherwise provided by YUSER. Except as expressly set forth in the Terms of Use, no license, assignment, or other grant of rights in any Service Components, trademarks, copyrights, or any other intellectual property is granted to You and no such grant will result from Your accessing or using the Service. All rights in the Service not granted under the Terms of Use are reserved by YUSER.

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.

You hereby affirm, represent and warrant that You will own or obtain all necessary licenses, rights, consents, and permissions to enable YUSER to publish and otherwise utilize as authorized in the Terms of Use, the Content You Submit to the Service.

All of the provisions in this Section 4 shall apply with equal force if You Submit Content that includes advertorials, native advertising, or sponsorship (“Sponsored Content”). Without limitation, all of Your representations, warranties, indemnification obligations, and other obligations under the Terms of Use will apply equally to Sponsored Content as they would to any other Content You Submit. You are solely responsible for ensuring that Your Sponsored Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (“FTC Guidelines”), including all required disclosures and disclaimers.

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.

In addition to all other termination provisions set forth in the Terms of Use, YUSER reserves the right to immediately terminate Your access to the Service if You fail to make disclosures in any Sponsored Content You Submit in accordance with the FTC Guidelines or as otherwise required by applicable law. Further, in the event that Sponsored Content Submitted by You includes material or promotes products or services which, in YUSER’s sole opinion, might insult or offend users of the Service or which might tend to injure the success of the Service or the good name of YUSER, or, as determined in YUSER’s sole opinion, conflicts with or does not align with YUSER’s business, community, ethical or other goals, then YUSER shall have the right (a) to require that You cease submission of the Sponsored Content and/or (b) immediately terminate Your access to 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.

Without limitation, the foregoing license includes the right of YUSER to grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon such Content as permitted through the functionality of the Service, subject to the Terms of Use.
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 also agree that You will not (i) use the Service to spam others or create mass-emails, (ii) continue harmful behavior if You have been warned of such; (iii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the YUSER servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, and/or (iv) create a false identity (except for a user name unique to you that does not violate the rights of a third party, such as a celebrity or owner of intellectual property); and/or (v) forge an email address or header; or in any other way attempt to mislead others as to the identity of the sender or the origin of the message. You agree not to copy, scrape, re-post, take screenshots of, save, share, distribute, modify or make derivative works of any Content provided through the Service, except as expressly provided through the Service’s functionality and in the Terms of Use.

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

YUSER has the right, but not the obligation, to screen, refuse to post, remove or edit the Content (including any Sponsored Content), at any time and for any or no reason at all, in our sole discretion. YUSER takes steps to monitor Content and keep the YUSER App and Service safe, but YUSER cannot guarantee their safety. YUSER reserves the right, but assumes no obligation, to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with the Terms of Use or Community Guidelines, and to limit or revoke Your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of the Terms of Use.

In addition to any right or remedy that may be available to YUSER under the Terms of Use or applicable law, YUSER expressly reserves the right to suspend, limit or terminate Your access to the Service, at any time with or without notice and with or without cause, including if YUSER determines, in YUSER’s sole discretion, that You pose a threat to the Service or its users. In addition, YUSER may refer any information on illegal activities, including Your identity, to the proper authorities.

Given that the Service is provided in real-time, we would appreciate Your help in reporting to us any Content that You believe violates the Terms of Use. Please use the “flagging” feature to report such Content, or direct the relevant information, including the username used to commit the alleged violation and the date and time of the alleged violation, including the time zone to support@yuser.co.

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 support@yuser.co.

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 support@yuser.co: 

(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.

10. INDEMNIFICATION

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

Platform providers, such as Apple, Inc. and Google, Inc. that make the App available for download (“Platform Providers”) are not party to these Terms of Use. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims alleging infringement of intellectual property; and (iv) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims. Platform Providers are third party beneficiaries, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this section against You.

12. PRIVACY

To learn more about how YUSER protects Your personal information, please refer to the YUSER privacy policy, which is incorporated by and made a part of these Terms of Use.

By creating a YUSER account and using our services, You agree that YUSER can collect, use and share Your information consistent with YUSER’s Privacy Policy. 

13. ASSIGNMENT

YUSER may assign these Terms of Use to its successors, licensees, and affiliates. However, because the subject matter hereof is personal to You and Your Content, You may not assign these Terms of Use to any person or entity without YUSER’s prior written consent.

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.

15. Severability

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.

16. AMENDMENT

YUSER reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time. When using the Service, You may be subject to additional applicable guidelines or rules that may be posted from time to time. All of these guidelines and rules are deemed incorporated into the Terms of Use. While we may attempt to notify You when major changes are made to the Terms of Use, it is Your responsibility to review the Terms of Use periodically to check for changes. When YUSER makes changes, it will give the date of the most recent update in this space so You can be kept abreast by visiting this page. YUSER also reserves the right in its sole discretion and at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice.

Privacy Policy

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.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Yuser unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using the YUSER Service, we may require you to provide us with certain personally identifiable information, including but not limited to user name, profile photo, and email. If you choose to sign into the YUSER app through Google or Facebook this information may be requested from your Google or Facebook account respectively. The information that we request will be retained by us and used as described in this privacy policy.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app

Log Data

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

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.

Service Providers

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.

Security

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

This YUSER Service may contain links to other apps or sites. If you click on a third-party link, you will be directed to that app or site. Note that these external apps or sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these apps or websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

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.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms of Use or Privacy Policy, do not hesitate to contact us at info@yuser.co.