Terms of Use
Effective Date: April 1, 2022
Welcome to youB. Inc.’s (“youB”) website. These Terms of Use and Conditions (“Terms”) govern your use of the youB (“our”) website and/or our mobile application (collectively our “Site”). Please read the terms in full before using our Site. By accepting these Terms, or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy at www.youb.com/privacypolicy, and any other additional agreements or terms between you and youB. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.Access to Website and Mobile Application
You will be able to access our Site without having to register any details with us. However, if you wish to join our community as an individual or a business and/or submit content for publication on the youB platform, you will need to provide certain details to us when you create an account. See our Privacy Policy www.youb.com/privacypolicy for more details on how we collect, use and disclose your information. You may only access our mobile application by downloading it from third-party websites or applications. We do not have any control over third-party websites or applications, and as such, we disclaim all liability from your use of those third-party websites and applications for such purposes. You should be sure to review any third-party website’s or application’s terms of use and conditions and privacy policies when you choose to download our mobile application from those websites.Use of Site
Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided, and the collection and compilation thereof are the exclusive property of youB or their respective owners where indicated and are protected by U.S. and international copyright laws.
The contents of our Site may be used for informational purposes only.
Any youB trademarks or service marks appearing anywhere on our Site, including the registered trademark YOUB, the youB tree logo image, and Be the Energy Behind What Matters™ are trademarks of youB, Inc. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that youB has established in any of its products, features, or service names or logos.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain, unless otherwise explicitly agreed to with youB in writing. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.
We hold all rights to the content on this Site. As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.
While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other Sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.
While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site.
While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.
By submitting a telephone number to youB you agree that a representative of youB can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
Site Uptime
We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so.
User Conduct
Subject to separate subscriber membership terms we may allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video or other content to our platform which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. When using our Site, you shall not post or send either to or from the Site:
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content for which you have not obtained all necessary consents;
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content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
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content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We may monitor, screen, post, remove, modify, store, and review content that you upload to our platform, at any time and for any reason, including to ensure that the content conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users of the platform.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site with due regard for your own safety and the safety of others.
If you become a Content Creator (submitter of content for publication), additional terms and conditions will apply. Click here for more details [www.youb.com/content-creators/
Links to and from Third Party Websites
Any links furnished on our Site may allow you to leave our Site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked website or any link(s) contained in any such linked website or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website.
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:
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you do not in any way imply that we are endorsing any services or products on other sites unless this has been specifically agreed with us;
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you do not misrepresent your relationship with us or present any false information about us;
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you do not link from a website and/or mobile app that is not owned by you unless it is a publicly-accessible social media platform; and
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your website and/or mobile app does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States of America or the laws of any other country.
If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Warranties and Disclaimers
All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.
OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
youB DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE.
We expressly exclude any warranty that the Site will be available at all times or that your use of the Site will be uninterrupted or error free. We reserve the right to suspend the operation of the Site, including if required or requested to do so by our hosting service provider. To the extent permitted by law, we shall not be liable in respect of any action or claim in relation to such unavailability or any claim for loss or damage arising therefrom.
To the extent permitted by law, the warranty in these Terms does not cover problems caused by your acts or omissions or the acts or omissions of others, or events beyond our reasonable control.
To the extent permitted by law, this limited warranty is the only direct warranty from us. We give no other express warranties, guarantees or conditions. As permitted by law, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnification
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Applicable Law
We make no representations that the content of the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.
Our Site is created and controlled by the State of Rhode Island, United States of America. The Site and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Rhode Island and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.
Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
General
These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements and terms, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.