As you probably know by now, the Service is a self-promotion live-video social entertainment platform. YouNow allows anyone from anywhere to broadcast their live video (via webcam or mobile device), to be viewed - IN REAL TIME - by an online audience and followers and fans.
YouNow hereby grants you permission to access and use the Service provided that you comply with these Terms. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time, and while although we may attempt to notify you when major changes are made to the Terms you should nonetheless periodically review them to make sure you comply. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us.
In order to access some features of the Service, and to be able to submit Content (as defined below) as a performer, you will have to create a YouNow account via your Facebook®, Google+, or Twitter account, using the same information provided to one of these networks. You can alter such information by updating your Facebook®, Google+, or Twitter account (it will automatically update your YouNow account the next time you log in) or by accessing your YouNow account options by logging into the Serice and clicking the "My Settings" at the top right of the site. or by accessing your settings, available through your profile page within the App Accounts are individual, and you may not use someone else's account permission.
You are solely responsible for the activity that occurs through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer or mobile device unattended. Although YouNow will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of YouNow or others due to such unauthorized use – so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach.
3. OWNERSHIP OF THE SERVICE PROVIDED TO YOU
The underlying platforms of the Service are either the proprietary property of YouNow or the proprietary property of our licensors or licensees. "YouNowTM" and other trademarks, slogans, service marks, trade names, and trademarks which appear via the Service are proprietary to YouNow. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by YouNow. By using the Service, you agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by YouNow.
You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Service or its Content or any part thereof to you or any third party nor to authorize you to create derivative works based on Content you do not own.
The Service may contain links to third party websites that are not owned or controlled by YouNow. YouNow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouNow will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve YouNow from any and all liability arising from your use of any third-party website.
4. USER GENERATED CONTENT
The word "Content" as used within these Terms refers to any video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. If you choose to contribute Content to the Service:
- Rest assured that the ownership to such Content remains with its original owner, and YouNow will not claim any ownership or control over such Content.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing the Content through the Service.
- You are affirming, representing, and warranting that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit;
- You understand that the Service is intended for public use and not private communications, and you have no expectation of privacy with regard to any communication you might make or Content you may submit through the Service. Furthermore, you are aware that YouNow cannot guarantee the security of any information you disclose via the Service and any contribution is done at your own risk
- You are granting YouNow a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouNow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You are furthermore granting each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
- You agree to be solely liable for your Content and all materials and information contained in it. You hereby waive any moral rights that you may have in your Content in favor of YouNow and anyone acting with the authorization of YouNow.
- By participating on the Site or within the App and/or accessing the Service, you consent to YouNow's and its agents' and designees' use of your name, Facebook ID, Twitter handle, Google+ ID, profile pictures, image, likeness, photograph and any other attributes of your persona in any and all media now known or hereafter developed, including but not limited to the Internet (including on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity, without additional payment, compensation or further notification to or permission from you, except where prohibited by law, or by the terms and conditions of any applicable websites
- YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THE MATERIAL AND/OR DATA THROUGH THE USE OF THE APP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA
You shall be solely responsible for your Content and expressly agree that your Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which 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 third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. YOUNOW DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE USER CONTENT TRANSMITTED.
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 YouNow servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, and/or (iv) create a false identity or forged 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 collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
5. VIRTUAL CURRENCY/IN-SERVICE PURCHASES
You understand that while, at times, you may "buy" or "purchase" (a) virtual currency, including but not limited to virtual bars, for use in the Service; or (b) virtual in-Service items, including but not limited to fan mail and engagement rings/proposals, 50 thumbs up, tipping (together with virtual currency, "Virtual Items"), these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, YouNow grants you a limited license to use the Service, including software programs that may manifest themselves as these items.
The purchase of Virtual Items is a completed transaction upon YouNow's confirmation that you have redeemed iTunes Wallet credits or any other third party virtual currency. Any virtual currency balance shown in your YouNow account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your YouNow account, nor will you be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Site and/or App has been suspended, limited or terminated pursuant to these Terms.
Your gift of certain Virtual Items to a performer on the Service may, but will not necessarily, appear in the chat feed of the Content you are viewing. However, for certain high-value Virtual Items purchased with YouNow Bars (such as, but not limited to an engagement ring/proposal), such gift(s) will be displayed individually in the chat feed of the applicable Content, and should such a gift fail to be displayed individually, you will be credited the amount paid for such Virtual Item(s) to your YouNow account. Purchase of the "Chat Now" privilege during high-traffic broadcasts will give you the opportunity to rejoin a chat feed that has become over-full and to remain in the chat feed for the remainder of the broadcast. Purchasers of "Chat Now" will receive priority over users who are participating in the chat feed for free.
Tips and other Virtual Items gifted to performers may result in some revenue to such performers, as determined in YouNow's sole discretion; however, YouNow makes no guarantee that the amount or value of the bars or Virtual Items you may give a performer will correlate to the revenue such performer may receive from YouNow.
6. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
YouNow has the right, but not the obligation, to screen, refuse to post, remove or edit the Content, at any time and for any or no reason at all, at our sole discretion. Therefore, we urge you to remain skeptical about any Content you might encounter via the Service, and we want to clarify that your use of any Content is done at your own risk. Also - given that the Service is being provided in real-time - we would appreciate your help in reporting to us any Content that you feel breaches the above.
Accordingly, YouNow reserves the right to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with these Terms, 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 these Terms.
In addition to any right or remedy that may be available to YouNow under these Terms or applicable law, YouNow expressly reserves the right to suspend, limit or terminate your access to the Site and/or the App, at any time with or without notice and with or without cause, including if YouNow determines, in YouNow's sole discretion, that you pose a threat to the Site or its users. In addition, YouNow may refer any information on illegal activities, including your identity, to the proper authorities.
7. 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 YouNow, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, YouNow may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such submissions or feedback, please email firstname.lastname@example.org
8. COPYRIGHT INFRINGEMENT POLICY
YouNow is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. YouNow will undertake appropriate steps against copyright repeat offenders.
If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YouNow will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, YouNow will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
YouNow may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to YouNow's designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which YouNow may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: YouNow, 1441 Broadway, 14th Floor, New York, NY 10018, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email email@example.com with the words "Attn Copyright Infringement Designated Agent" in the subject line.
9. NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICE, THE SITE, THE APP THE CONTENT AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. YOUNOW DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THE APP, THE CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Site OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Service may contain the opinions and views of other users. Given the user-generated Content available through the Service and its interactive nature, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content made available through the Service.
Please also note that the Service is controlled and offered by YouNow from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the YouNow. YouNow makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. LIABILITIES AND INDEMNITIES
You shall release, indemnify and hold harmless YouNow and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by YouNow and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you, and the use of your Content, including, without limitation, any infringement of any third party's rights by your use of the Service or through Content you provide.
YOUNOW WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE OR IN THE APP, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY YOUNOW OR ANY THIRD PARTY.
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 this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever 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; and (iii) 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 intellectual property infringement claim. Platform Providers are third party beneficiaries of this Agreement, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK COUNTY IN THE STATE OF NEW YORK.
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions; (c) You affirm that you are either more than eighteen (18) years of age, 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 these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Service is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Service; and (d) These Terms shall be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of New York shall have exclusive jurisdiction over all disputes between the parties.
Terms last updated: August 2014