youB Member Participation Agreement

Revision 2023-03-02 In order to join and participate in youB, Inc.’s (“youB”) online community, which is designed to foster connectivity, inform, inspire and motivate action (“the platform”), You must agree to the terms and conditions set forth in this Member Participation Agreement (the “Agreement”). By clicking “I agree” at the end of this Agreement, you are certifying that you are signing on behalf of yourself (“You”), that You have the legal authority to do so and that you are contractually bound by the terms and conditions of this Agreement. You must also agree to youB’s Privacy Policy, our Terms of Use and our Code of Conduct, which are incorporated herein by reference.  You agree as follows: 
  1. Terms
    1. Individual Memberships: A Free Trial Membership is available for the first 30-days. Thereafter, and for Memberships with higher level features requires payment in accordance with our published available Membership options. Upon joining, and thereafter, you may select whichever Membership option serves your needs. You may also choose between monthly debits (every month) or annual debits (once a year) to maintain your Membership. In either case, you may upgrade, downgrade or cancel your Membership at any time.
    2. Corporate Memberships: If you are enrolled through your employer, your membership is paid for partially or completely by your employer on your behalf.
  2. Forums.  Our platform may feature message boards, chat areas, discussion forums, ratings, comments, bulletin board services, groups, communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where members with similar interests or similar experiences can share information, post questions and submit comments and ratings related to the content in our platform (“Contributions”). We may also offer online workshops and/or discussions moderated by various experts or other persons. Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third-party creator or the person posting in that Forum. youB has no responsibility for such content and is merely providing access to such content as a service to you. If you choose to submit curated contributions for publication on a Forum, as approved by youB, you must also agree to our Content Creator Submission Agreement. You may also choose to participate in youB Rounds with a group of other members. See more information on youB Rounds below. 
  3. Your Participation/Contribution(s). Any information (including personal information) that you reveal in a Forum through your Contributions, may, by design, be open to the public, or, at a minimum other youB members, and in such case may not be private or secure. You should think carefully before disclosing any information in any Forum. What you have written or shared may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting Contributions to Forums, you agree that such submission is non-confidential for all purposes. You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. youB is not responsible or liable for any unauthorized use or disclosure of your Contributions by other members. 
  4. Your Personal Information. As a member, you may choose to submit Contributions that contain personal information or sensitive information. As a member you are able to control the content on your profile and impose restrictions on who can view your information by updating your privacy settings in your account. These restrictions will not apply to curated Contributions submitted for public viewing. 
  5. Grant of Rights. By posting any Contributions to the platform, including through any Forums, you automatically and hereby grant on behalf of Yourself and/or otherwise warrant that the owner of such content or intellectual property has expressly granted youB, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. You agree and warrant that youB may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
  6. No Obligation to Monitor; Removal. youB does not control all of the information delivered to the Forums, and has no obligation to monitor the Forums. However, youB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in youB’s sole discretion. Further, as a Member you have the ability to flag postings and comments made by other members that you believe violate youB’s Code of Conduct. As a Member it is your obligation to report any violations of youB’s Code of Conduct. However, youB will independently determine any action required (if any) to remedy any alleged violation. 
  7. No Obligation to Remove. youB is not obligated to remove any content from the platform and/or Forums which does not violate any civil or criminal laws, although we will make best efforts to remove content that violates youB’s Code of Conduct,  and any of Your Contributions or contributions of other members are intended for display on the platform or otherwise, are presumed to be contributed by the author/contributor with the intent that youB shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with youB with differing terms or youB has clearly only been provided limited non-exclusive publishing rights. If you do not wish to have something which you submit to be published, do not submit it in the first place.
  8. No Endorsement. youB does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications or information posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
  9. Right to Act. If youB discovers Contributions which do not conform to any terms and conditions of our platform, including our Privacy Policy, Terms and Conditions and/or Code of Conduct, youB may investigate and determine in good faith, and in its sole discretion, whether to remove or request the removal of the Contribution(s). While youB will make every effort to remove such content in a timely manner, youB will have no liability or responsibility for performance or non-performance of such activities. youB reserves the right to terminate or restrict Your participation in and/or access to any or all of the Forums and/or the platform at any time without notice for any reason whatsoever. 
  10. Member Conduct. In addition to any provisions regarding Your use of the platform in our Terms of Use and Code of Conduct, You further agree not to post or upload any Contributions: 
    • For which You have not obtained all necessary consents (including photographs or videos), or that infringes any intellectual property rights or other rights of any person or entity (this means that anything You post must be Yours or you have the explicit right to post it);
    • That are discriminatory, abusive, obscene, pornographic, defamatory, likely 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, that is false or misleading, gives rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where this page is being used and/or accessed;
    • Which are harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; and/or
    • that contains commercial content, such as advertisements for products or services; and/or, that is professional advice. Content may contain professional views. 
  11. Termination or Suspension. youB reserves the right to suspend or terminate Your membership in our platform with or without cause. Such suspension or termination may be immediate or following notice, at the sole discretion of youB.
  12. No Warranties/Disclaimers.  youB provides no warranties to You either express, implied, or statutory, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-interference with quiet enjoyment, accuracy of the data and/or non-infringement.  Our platform is provided to You on an “as is” basis without any warranty of any kind and use of the platform is at your own risk.  youB disclaims any and all warranties with respect to the use of the youB platform.  
  13. Waiver, Release and Limitation of Liability.  You hereby release and forever waive any and all claims You may have against youB, its officers, directors, employees, agents, licensors or suppliers for losses or damages you may sustain in connection with your use of the platform to the maximum extent permitted by applicable law.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL YOUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH POSSIBILITY IS REASONABLY FORESEEABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.  THE LIMITATION OF LIABILITY SET FORTH HEREIN IS INDEPENDENT OF ANY OTHER REMEDY SET FORTH HEREIN, AND IS INTENDED TO APPLY WHETHER OR NOT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  14. Indemnification.  You agree to defend, indemnify and hold youB, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, losses, actions or demands, liabilities and settlements including without limitations, reasonable legal and accounting fees, costs and other expenses, resulting from, or alleged resulting from any act or omission of You or through your member account.  This provision shall survive termination of this Agreement.
  15. Miscellaneous.  This Agreement shall be governed by the laws of the State of Rhode Island (USA).  If any provision of this Agreement shall be declared invalid or illegal for any reason whatsoever, then notwithstanding such invalid or illegality, the remaining terms and provisions of this Agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein.  No alteration or modification of this Agreement shall be valid unless specifically agreed to by youB. 
  16. Entire Agreement.  This Agreement, and the Privacy Policy, Terms and Conditions and Code of Conduct, as well as any other written agreements or conditions agreed to by you in your use of the platform, constitutes the entire Agreement between the Parties on the subject matter of this Agreement and supersedes all oral and written prior representations, agreements and understandings relating to the subject matter.  This Agreement may not be amended, modified, supplemented or rescinded unless agreed to by youB. 

Our Contact Information

youB, Inc. 225 Dyer Street, Providence, Rhode Island 02903 USA hello@youb.com