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Terms of Use


Basic conditions

  • 1. You can use the Service if you are at least 13 years old.
  • 2. You may not publish using the Service photos or other materials containing violence, full or partial nudity, as well as illegal, violating anyone's rights, aggressive, pornographic or obscene materials.
  • 3. You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, subscribers, username or other rights to your account. Except for people or companies that have special permission to create an account on behalf of their employers or clients, Youzayou prohibits the creation of an account for another person, and you agree that you are only creating a Youzayou account for yourself. You also acknowledge that all information provided or provided by you to Youzayou during registration and in all other cases is true, accurate, current and complete, and you agree to update your information accordingly to keep it correct and accurate.
  • 4. You agree not to require, collect or use information to enter the Service from other Youzayou users.
  • 5. You are responsible for keeping your password safe and secure.
  • 6. You agree not to slander, harass, harass, offend, threaten, impersonate or intimidate other individuals or legal entities, and you also agree not to publish personal or confidential information using the Service, including without exceptions, credit card information, social security number or other national ID, personal phone number or personal email. an address belonging to you or another person.
  • 7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, state, and local laws) that apply to your use of the Service and your Content (defined below), including but not limited to copyright.
  • 8. You are solely responsible for your behavior and any data, texts, files, information, usernames, images, graphics, photos, profiles, audio and video recordings, sounds, musical works, works of authorship, applications, links and other content or materials ( the general term "Materials") that you upload, post or display on the Service or using the Service.
  • 9. You agree not to modify, edit, adapt or alter the Service, or modify, edit or alter another website in a way that creates a deceptive impression of being connected to the Service or Youzayou .
  • 10. You agree to use the Youzayou personal API only within the rules set forth by Youzayou . Use of the Youzayou API is subject to separate terms (“API Terms”).
  • 11. You must not create or send unwanted emails, emails, comments, likes, or other forms of commercial or harassing messages (also known as "spam") to any Youzayou user.
  • 12. You must not use domain names or web addresses in your username without the prior written consent of Youzayou.
  • 13. You must not interfere with or interfere with the operation of the Service or the servers or networks associated with the Server, including by transmitting network worms, viruses, spyware, malware, or any other destructive or malicious code. You may not contribute content or codes or otherwise modify or interfere with the display of any Youzayou page in the user 's browser or device.
  • 14. You must follow the Youzayou Community Guidelines
  • 15. You must not create accounts on the Service by unauthorized means, including but not limited to the use of automated devices, scripts, bots, web spiders, crawlers, or scrapers.
  • 16. You must not attempt to restrict another user from using the Service and must not condone or facilitate violations of these Terms of Use or any other terms of Youzayou.
  • 17. Violation of these Terms of Use may result in termination of your account Youzayou based on a unilateral decision Youzayou . You understand and agree that Youzayou cannot and is not responsible for the Materials published on the Service, and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or create another risk or opportunity for legal action by Youzayou , we may restrict the provision of the Service to you in whole or in part.

General Provisions

  • 1. We reserve the right to change or terminate the Service or restrict your access to the Service for any reason, without warning, at any time and without incurring obligations to you. You can deactivate your Youzayou account by logging into the Service and filling out the form. If we deny you access to the Service, or you use the above form to deactivate your account, then you will lose access to all your photos, comments, likes, friends and all other data through your account (for example, users will not be able to go to your page by username and view your photos), but these materials and data may be stored and made available through the Service (for example, if other users have published your Materials).
  • 2. Upon deletion of your account, all licenses and other rights granted to you by these Terms of Use will terminate immediately.
  • 3. We reserve the right to unilaterally change these Terms of Use from time to time ( "Updated Terms" ). Except where we make changes for legal or administrative reasons, we will notify you in advance within a reasonable time of the effective date of the Updated Terms. You agree that we can notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the Updated Terms comes into force (or other similar activities that we can reasonably clarify) means your agreement with the Updated Terms. Conditions. Therefore, we recommend that you read these Terms of Use or any Updated Terms before using the Service. The Updated Terms will take effect from the moment they are posted or from a later date that may be specified in the Updated Terms and from that moment will apply to your use of the Service. When resolving disputes that arose prior to the effective date of the Updated Terms, we will be guided by these Terms of Use.
  • 4. We reserve the right to deny access to the Service to any person for any reason at any time.
  • 5. We reserve the right to withdraw any username for any reason.
  • 6. We may, but are not obligated to, remove, edit, block and / or track Content or accounts containing Content that, in our unilateral decision, violates these Terms of Service.
  • 7. You are solely responsible for your interactions with other users of the Service, both on and off the Internet. You agree that Youzayou is not responsible for the behavior of any user. Youzayou reserves the right, but not obligation, to monitor or intervene in disputes between you and other users. Use your common sense and judgment when interacting with others, including when uploading or posting Content or any other personal or other information.
  • 8. Our Service, or messages you receive from the Service, may contain links to third-party websites or features. Additionally, images or comments on the Service may also include links to third-party websites or functionalities. The Service may also host third-party content that we do not control, maintain, or manage. The functionality of the Service allows interaction between the Service and third-party websites or functions, including with applications that link the Service or your profile on the Service to third-party services or functions.
    For example, the Service may offer a feature that allows you to transfer content from the Service or your own content to a third party, where it may be publicly posted on that third-party service or application. To use such features, you may need to log into your account on the third-party service, and you do so at your own risk. Youzayou does not control third-party services or their content.
    You acknowledge and agree that Youzayou is not responsible for any third-party services or features. Any interactions or business relationships you engage in with third parties found through the Service are solely between you and the third party. You may choose to use applications that link the Service or your profile on the Service to third-party services (the "Application"), and such Applications may interact with your profile, link to it, or collect and/or transfer information from it. By using such Applications, you agree to the following: (i) if you use the Application to transfer information, you consent to the transfer of information about your profile on the Service; (ii) your use of the Application may result in the public disclosure of personal information and/or the creation of a connection between that information and you, even if it was not provided by Youzayou itself; (iii) you use the Application voluntarily and at your own risk, and you agree that the Youzayou Parties (as defined below) are not responsible for any activities related to this Application.
  • 9. You agree that you are responsible for all costs that may arise from using the Service.
  • 10. We prohibit the use of crawlers and scrapers , caching or other methods of gaining access to any materials on the Service using automated tools, including, but not limited to, user profiles and photos (except for the results of using the protocols of standard search engines or technologies used by these search engines with the consent of Youzayou).

The Rights

  • 1. Youzayou does not claim rights to any Content you post on or through the Service. However, you grant Youzayou a non-exclusive, fully paid, non-royalty, transferable, and sublicensable , country - wide permission to use the Materials you post on or through the Service, in accordance with the Service's Privacy Policy, including but not limited to Sections 3 ("Sharing Your Information"), 4 ("How We Store Your Information"), and 5 ("Personal Preferences About Your Information"). You can decide who will have access to your Content and actions, including your photos, as described in the Privacy Policy.
  • 2. Part of the revenue of the Service comes from advertisements, and advertisements and promotions may be displayed on the Service. You agree that Youzayou may post such advertisements and promotions on the Service or in your Materials, in their descriptions or in connection with them. The manner, tone and scope of such advertisements and promotions are subject to change without notice.
  • 3. You acknowledge that we may not always be able to recognize paid services, advertisements, or commercial interactions.
  • 4. You acknowledge and warrant that: (i) you own the Materials posted by you on or through the Service, or otherwise have the right to transfer the rights and licenses set forth in these Terms of Use; ( ii ) the publication and use of your Materials on or through the Service does not violate or assign the rights of any third party, including but not limited to privacy, public use rights, copyrights, trademarks and / or other intellectual property rights; ( iii ) you agree to pay all royalties, royalties and any other amounts payable as a result of your posting Content on or through the Service; and ( iv ) you have the legal right and legal capacity to accept these Terms of Use within your jurisdiction.
  • 5. The Service contains material that Youzayou owns or who has a license ("Materials Youzayou”). The Youzayou Materials are protected by copyright, trademark rights, patents, trade secrets and other laws, and in the relationship between you and Youzayou, the latter owns and retains all rights to the Youzayou Materials and the Service. You may not remove, modify or hide any copyright notice, trademark, service mark or other copyright notices accompanying or embedded in the Youzayou Materials , and you may not reproduce, modify, adapt, create your materials based on, perform, display, publish, distribute, transmit, broadcast, sell, authorize or otherwise take advantage of the Youzayou Materials .
  • 6. The Youzayou name and logo are trademarks of Youzayou and may not be copied, imitated or used, in part or in whole, without prior written permission from Youzayou, except as otherwise specified in the brand guide. In addition, all page titles, special graphics, button icons, and fonts are service marks, trademarks and / or trade dress of Youzayou and may not be copied, imitated or used, in part or in whole, without prior written permission from Youzayou .
  • 7. Although Youzayou strives to maximize the availability of the Service, in some cases the Service may be interrupted, including but not limited to routine maintenance or upgrades, emergency repairs, or disruptions to telecommunications networks and / or equipment. In addition, Youzayou reserves the right to remove any Content from the Service for any reason without prior notice. Content removed from the Service may continue to be retained by Youzayou for purposes including, but not limited to, certain legal obligations, but these Content cannot be accessed without a valid court order. Therefore, Youzayou recommends that you keep a copy of your Content. In other words, Youzayou is not a backup storage service, and you agree that you will not rely on the Service as a way to store or back up Content. Youzayou is not liable to you for any changes, suspension or termination of the Service, or for the loss of any Materials. You also acknowledge that the Internet may be susceptible to security breaches and the downloading of Content or other information may not be secure.
  • 8. You agree that Youzayou is not responsible for the Materials posted on the Service and does not endorse them. Youzayou is under no obligation to preview, track, edit or remove any Content. If your Content violates these Terms of Use, you may be legally responsible for posting such Content.
  • 9. Except as provided in the Service's Privacy Policy, in the relationship between you and Youzayou, any Materials are not confidential or proprietary, and we are not responsible for any use or disclosure of the Materials. You acknowledge and agree that your relationship with Youzayou is non-confidential, non-trusting and no other type of special relationship, and your decision to post any Content does not place Youzayou in a position that is in no way different from that of the general public, including in relation to your Materials. Youzayou assumes no obligation regarding the confidentiality of your Content and no responsibility for the use or publication of any Content you upload.
  • 10. In accordance with its policy, Youzayou does not accept or consider materials, information, ideas, recommendations or other materials, other than those that have been separately requested by us and to which separate terms, rules and requirements may apply. This is necessary in order to avoid any misunderstandings in case your ideas are similar to those already developed or developed by us independently of you. Accordingly, Youzayou does not accept unsolicited materials or ideas and is not responsible for any materials or ideas so transmitted. If, despite our policies, you decide to send us materials, information, ideas, recommendations or other materials, you agree that Youzayou may use any such materials, information, ideas, recommendations or other materials for any purpose, including, but not limited to the development and promotion of products and services, without incurring any liability to you or making any payments to your benefit.

Reporting Infringement of Copyright and Other Intellectual Property Rights

  • 1. We respect the rights of others and expect you to do the same.
  • 2. We provide tools to help you protect your intellectual property rights.
  • 3. In the event of repeated infringement of others' intellectual property rights, we may block your account if deemed necessary.

Disclaimer of Warranties

The service, including, among other things, Youzayou materials, is provided on an "as is" and "with all faults" basis. To the maximum extent permitted by law, neither Youzayou, nor its parent company, nor any of their employees, directors, officers, or agents (collectively, the "Youzayou Parties") make any representations, warranties, or endorsements, express or implied, regarding:

(A) the service; through

(B) Youzayou materials;

(C) user materials; or

(D) the security of the transmission of Youzayou information the service.

Furthermore, the Youzayou Parties hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, personal or commercial use, quiet enjoyment, system integration, and the absence of computer viruses.

Youzayou does not guarantee that the service will be error-free, uninterrupted, or that defects will be corrected. The Youzayou Parties also do not warrant that the servers providing the service are free of harmful components, including, but not limited to, viruses. They do not guarantee the accuracy, completeness, or usefulness of any information (including instructions) provided through the service.

You acknowledge that your use of the service is at your sole risk. The Youzayou Parties do not warrant the legality of your use of the service in any specific country or territory and expressly disclaim such warranties. Some countries and jurisdictions may not allow certain disclaimers of implied warranties, so some of the above limitations may not apply to you to the extent prohibited by applicable law.

By visiting or using the service, you represent and warrant that your actions do not violate the laws of any country or territory where you access or use the service.

Youzayou does not endorse or support any user materials and expressly disclaims any liability to any person or entity for any loss, damage (including special, incidental, punitive, or consequential damages), injury, claim, liability, or any other issues arising from the use of any materials.


Limitation of Liability; Renouncement

In no event shall party Youzayou be liable for any loss or damage of any kind (including, but not limited to any direct, indirect, economic, punitive, special, incidental or consequential loss or damage), directly or indirectly related to: (a) the service; (b) Youzayou materials; (c) user materials; (d) your use or inability to use the service or operate the service; (e) any action taken in connection with an investigation by Youzayou parties or regulatory authorities relating to your use of the service or that of another party; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the operation of the service; or (h) any damages incurred by computers, mobile devices or other technological devices of any user, including, but not limited to damages caused by any breach of security due to a virus, malfunction, criminal misuse, fraud, error, omission, separation, defect, delay, operational malfunction or transmission failure of computer lines or networks, or any other technical or other violation of use, including, but not limited to, damages for loss of profits, loss of goodwill, loss of data, interruption, inaccurate results, or computer failure or malfunction, even if such damages were expected or even if Youzayou parties were advised of or should have known of the possibility of such damages, arising out of agreement, negligence, strict liability, or tort (including, but not limited to damage caused partially or completely by negligence, force majeure, telecommunication failure, or theft or damage to the service). Under no circumstances shall Youzayou parties be liable to you or any other person for damage, personal injury, or other damages, including but not limited to death or personal injury. Certain countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total compensation paid to Youzayou parties for all damages, losses, or causes of action exceed one hundred dollars (USD 100.00).

You agree that in the event of any damage, loss, or injury resulting from an act or omission by Youzayou, damages, if any, caused to you, shall not be sufficient to obtain an injunction preventing any use of any website, service, property, product, or other content owned or managed by Youzayou. You will not have the right to prohibit or restrict the development, production, distribution, advertising, demonstration, or operation of any website, services, property, products, or other materials owned or managed by Youzayou.

By visiting the Service, you understand that you may waive the right to claims that are currently unknown or unforeseeable. In accordance with this waiver, you acknowledge that you have read and understand these terms and expressly disclaim the benefits provided by Section 1542 of the California Civil Code and any similar law of any state or territory, which states: "A general waiver does not apply to claims that the creditor does not know or suspect to exist in his favor at the time of the waiver, and which, if known, must have significantly affected his decision to enter into the agreement with the debtor."

Youzayou is not liable for the acts, materials, information, or data of third parties. By using the Service, you release us, our directors, officers, employees, and agents from any liability for any damages, whether explicit or implicit, arising out of any claims against any third party or related to any claims against them.


Compensation for damage

You (as well as any third party on whose behalf you manage your account or act on the Service) agree to protect (upon request from Youzayou), indemnify, and hold harmless the Youzayou parties from any prosecution in the event of claims, liability, damage, loss, or costs, including but not limited to reasonable legal costs arising from or in any way related to any of the following factors (including as a result of your direct actions on the Service or actions on your behalf):
> (i) your materials or your access to or use of the Service;
(ii) a violation or suspicion of violation by you of these Terms of Use;
(iii) violation by you of the rights of any third party, including but not limited to intellectual property, publicity, confidentiality, property, or privacy rights;
(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any government or related authorities, including but not limited to all regulatory, administrative, and legislative bodies;
(v) any misrepresentation of facts on your part.

You will fully provide the level of cooperation required by Youzayou while defending against any claims. Youzayou reserves the right to exercise exclusive protection and control over any situation requiring damages from you, and you agree under no circumstances to raise any claim without the prior written consent of Youzayou.


Resolution of Issues in Arbitration Court

Except when you declare your refusal or the issue is related to: (1) intellectual property owned by you or Youzayou (for example, trademarks, product design, domain names, trade secrets, copyrights, and patents); (2) violations of the API Terms; or (3) breaches of clauses 13 or 15 of the aforementioned General Terms and Conditions ("Special Dispute Issues"), you agree that all disputes between you and Youzayou (with or without a third party) in connection with your relationship with Youzayou, including, but not limited to, disputes arising from these Terms of Use, your use of the Service, and/or your privacy and/or publicity rights, will be resolved on an individual basis by binding arbitration in accordance with the arbitration professionals' rules for consumer disputes. You and Youzayou hereby express your waiver of a jury trial. Alternatively, you can file a claim with your local Small Claims Court if its rules permit. You can only file a claim on your own behalf. Neither you nor Youzayou will participate in class action or class arbitration for any claim under this agreement. You also agree not to participate as an attorney or representative in individual or class claims related to another person's account in the event that Youzayou is a party to the litigation. The resolution of these controversial issues will be governed by the arbitration act. Reconsideration of the arbitrator's decision may be carried out by any court having the appropriate competence. Regardless of the applicable law, the arbitral tribunal has no authority to make a decision for damages, remedies, or remuneration that is contrary to these Terms of Use.

You may opt out of this arbitration agreement. In this case, neither you nor Youzayou can demand from the other party to participate in the arbitration of the case. To withdraw from the agreement, you must notify Youzayou in writing within 30 days of the date you first became subject to this arbitration clause. You must provide your name, residential address, email address, and the address you use for your Youzayou account, and also expressly declare your desire to withdraw from this arbitration agreement.

If the above prohibition of class action and other claims on behalf of third parties fails to be enforced, then the entire previous text of this section on resolving issues in arbitration becomes invalid. The arbitration agreement continues after your relationship with Youzayou has ended.

 

Limitation of the Period for Filing Claims

You agree that any claims arising from or related to your relationship with Youzayou must be brought to court within one year from the date such claims arise; otherwise, they will be barred.

 

Governing Laws and Venue

These Terms of Use shall be governed by and interpreted in accordance with the laws of Ukraine and are not subject to the principles of conflict of laws, and in particular, are not subject to the UN Conventions on International Trade unless otherwise extended. To adjudicate any case lawfully or fairly relating to the arbitration provisions of these Terms of Use, Special Disputes, or where you withdraw from the arbitration agreement, you agree to resolve any disputes between you and Youzayou exclusively in a local court located in Ukraine.

If any provision of these Terms of Use is found to be unlawful, invalid, or for any reason inapplicable during proceedings in arbitration or a court of competent jurisdiction, then this provision will be deemed severable from these Terms of Use and will not affect the legality and enforceability of all other provisions. Youzayou's failure to insist on strict adherence to or enforceability of any provision of these Terms of Use should not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a waiver of any other term or condition. Youzayou reserves the right to change this dispute resolution provision, but any changes will not apply to disputes arising prior to the effective date of the amendments. This dispute resolution provision will continue to apply after any interaction between you and Youzayou ends.

 

Full Agreement

By using the Service on behalf of a legal entity, you confirm that you have the right to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Youzayou and govern your use of the Service, superseding all prior agreements between you and Youzayou. You may not transfer these Terms of Use or assign other rights or obligations set forth in this agreement, in whole or in part, voluntarily or by operation of law, without the prior written consent of Youzayou. Any transfer by you of rights and obligations without proper prior written consent from Youzayou will be void. Youzayou may transfer these Terms of Use or other rights in this agreement without your consent. If any provision of these Terms of Use is held by a court or other competent jurisdiction to be invalid or otherwise inapplicable, the parties agree that such provision will be deemed severable from these Terms of Use and will not affect the legality or enforceability of the remaining provisions. The rest of the Terms of Use will still be considered valid. Neither the line of communication between the parties nor the commercial relationship will affect these Terms of Use. These Terms of Use do not grant any third party any right to benefit.

 

Territorial Restrictions

The information provided on the Service is not intended to be transmitted or used by any individual or legal entity located within any jurisdiction or country where such transmission or use is contrary to laws and regulations, or where it requires Youzayou to register any form of registration in that country or jurisdiction. We reserve the right to restrict access to the Service, in whole or in part, to any person, territory, or jurisdiction at any time and unilaterally, and to limit the amount of any materials, programs, products, functions, or other services provided by Youzayou.

Software associated with the Service or available on the Service may be subject to export restrictions. Therefore, no software on the Service may be downloaded, exported, or re-exported: (a) to any country to which Youzayou has imposed a ban on the export of goods, or to any resident of such a country; or (b) to any person included on the list of prohibited individuals compiled by the Youzayou or a restricted party list compiled by the Youzayou. By downloading any software associated with the Service, you acknowledge and warrant that you are not located in, under the jurisdiction of, or a resident of such a country, and are not included in such lists.