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Terms of Use and Responsibilities
Date of Last Revision: On 17 January 2011 at 10:35
Welcome to Yuuby! Through these privacy rules, you will learn how we manage your personal information, along with ways to control your preferences and settings. Yuuby is committed to gaining your trust.
These Terms of Use and Responsibilities ("Terms") govern access and use of services ("Service(s)"), and any information, message, image or other content posted, uploaded or listed among these services (collectively referred to as "Content"). By using or accessing Yuuby, you agree to these Terms.
Privacy
Any information provided to Yuuby is subject to these Terms. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Yuuby ("IP License").
You may easily manage how people may access your contents via Privacy Settings.
The license you grant us is not exclusive. You are free to grant a license to someone other than us.
This IP License ends when you delete your IP content or your account unless your content was shared with others, and they have not deleted it.
We cannot guarantee that the backup copies of your information will not be visible to Yuuby users.
You have no obligation to offer feedback. But, we always appreciate them or other suggestions about Yuuby, but you understand that we may use them without any obligation to compensate you for them.
You agree that Yuuby may send messages, including notifications related Yuuby services.
You may control the messages you receive from us via your Notification Settings.
General Rules
Any information that you provide to Yuuby is subject to our Privacy Policy, which governs our collection and use of your information. Please make sure your contents don't violate our Terms of Use. Yuuby cannot be responsible for any content you publish.
You understand that you are responsible for any content you post, information exchanged or interactions with other users on Yuuby.
You may report any abuse through the page containing it.
We respect other people's rights, and expect you to do the same. Yuuby may reject, refuse to post or remove any content that may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity or violate these Terms of Use and Responsibilities.
We do our best to ensure a safe service, you can help us to report the following abuses:
• You will not post material content that promotes hate, violence free, pornography, or that contains nudity.
• You will not bully, intimidate, or harass any user.
• You will not solicit personal information from minors.
• You will not request login information to other users for illegal or commercial purposes.
• You will not send and will not post advertisements without permission from the intended users.
• You will not use Yuuby for illegal activity, discriminatory, or malicious.
• You will not encourage and do not allow violations of rules governing Yuuby.
• You will not encourage and will not allow any activity that involves the use of viruses or other malicious code.
• You will not promote alcohol-related content without appropriate age-based restrictions.
Registration
For reasons of transparency we require users to give their real name and any other information about them. During your registration and use of services Yuuby, you must agree with the following:
• You will not provide false personal information on Yuuby, or create an account for another person without permission.
• You will not use Yuuby if you are under 13.
• You will not allow another person to use your account or share your password.
We recommend using "strong" passwords. (e.g., using a combination of uppercase and lowercase letters, numbers and symbols)
• You will not use Yuuby if you are a convicted sex offender.
• You will not transfer your account to anyone without first getting our written permission.
Copyright Policy
Yuuby respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us
If you believe that your Content has been copied in a way that constitutes copyright infringement, please follow the link IP Infringement.
If you think we remove your content by mistake, we will provide you with an opportunity to To appeal.
We can remove any content or information you post on Yuuby if we believe that it violates these Terms.
You will not post content or take any action that infringes or violates someone else's rights or otherwise violates the law.
If you solicit a user's personal information, you must obtain permission and make it clear that only you (and not Yuuby) will collect this information. You will also need to publish your policy to respect the privacy of collected information and the use you will make of it.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
• The availability or accuracy of such websites or resources.
• The content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Yuuby of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
For any post, we give you the way to report it.
Advertising
We do not give your content or information to advertisers without your consent. However, we ask that you agree to the following conditions:
• You agree that we may use the content you make public to offer personalized advertising.
To restrict this permission, please change your {privacySettings}.
• You understand that we cannot always identify advertising contents.
Special Provisions Applicable to Advertisers
You can buy advertising on Yuuby. In this case, if you use our advertising network on your behalf or on behalf of a sponsor, you must agree with the following conditions:
• Give us the type of your ad.
• You must give us your offer.
• Enter the amount you want to spend.
• You must pay the cost of your order and agree with our Payment Terms.
• Respect our Advertising Policies.
• Do offer sweepstakes or contests without our prior written consent. If we consent, you take full responsibility for the promotion.
• We do not guarantee that your advertising will be subject to activity, nor subject to a number of clicks.
• We are not responsible for any fraud. However, we have some tools to prevent suspicious activity, such as click fraud.
• You may cancel your order at any time through our online portal. About seven days may elapse before the ad stops running.
• Without our consent, you cannot give your relationship with Yuuby.
• The license you grant to us to run your ad will end once the order is executed. However, if users interact with them, your ads may remain visible until users delete them.
• Any ad and related information may be used by us for purposes of promotion or marketing.
• You warrant that you have the legal authority to bind the advertiser to this Statement.
• You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
• We may remove or refuse any advertising for any reason.
Special Provisions Applicable to Public Pages
If you create or admin a Public Page on Yuuby, you agree to our Special Provisions Applicable to Public Pages.
Payments
To make purchases, you must buy Yuuby credits or by making direct payments. You also agree to our Payment Terms.
Termination
You may delete your account or disable your application at any time through your Privacy Settings. This will automatically result in the inaccessibility of all contents you posted on Yuuby, it is therefore your responsibility to make sure you saved all your content.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Yuuby to you. We will notify you by email or at the next time you attempt to access your account.
Amendments
These Terms of Use and our Privacy Policy are the entire and exclusive agreement between Yuuby and you regarding the Services (excluding any services for which you have a separate agreement with Yuuby that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Yuuby and you regarding the Services. Other than members of the group of companies of which Yuuby is the parent, no other person or company will be third party beneficiaries to the Terms.
The failure of Yuuby to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
We will notify you of any changes to these Terms of Use via emails or our {yuuby} Page.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment. You agree to be bound by the revised terms.
For all changes we will give you a minimum of seven days notice.
This Statement does not confer any third party beneficiary rights.
Limitation of Liability
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, YUUBY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Yuuby will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Yuuby has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Yuuby or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUUBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (2) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (3) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YUUBY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; AND (4) ANY CONTENT OBTAINED FROM THE SERVICES.
Legal
YUUBY
Entity: SAS.
ITIN: Strasbourg - TI 522 508 530
Headquarters: 55A, Avenue Jean Jaures 67100 Strasbourg
Publishing Director: Alexandre Naouache
Phone Number: + 33 9 70 40 67 73
Host: iWeb, 20 Place du commerce, Nuns Island, Montreal (Quebec) Canada, H3E 1Z6. Tél. : + 1 888 909 4932
For questions about Yuuby, please Contact Us.
Definitions.
For a better understanding of these Terms of Use, please consider the following definitions:
• By "Yuuby", we mean the features and services we make available, including at www.yuuby.com and any other Yuuby branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
• "Services" we mean all services provided by Yuuby.
• By "content" we mean any content or information you publish on Yuuby, including information about you.
• By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
• By "we", "us" "our," we mean Yuuby and its affiliates.
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