YOUNOW TERMS OF USE

1. WELCOME

Welcome to the YouNow Service, located at www.younow.com (the "Site") and available as a mobile application (the "App"). The YouNow Service and any related services, aspects, functions, software or platforms (collectively, the "Service") were created by YouNow ("YouNow", "we", "us" or "our") as a source of personal communication and entertainment, and the following YouNow Terms of Use (the "Terms") constitute a set of rules by which we operate them.

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.

By using or accessing the Service, you acknowledge that you agree and are subject to the Terms, as well as to our Privacy Policy. While they say a lot more, the basic idea of the Terms is that while we will take responsibility of what we have created, we ask that you take responsibility for anything you contribute to our platform whether as a content creator or as a viewer. In addition, much like in real life, we ask that you treat others with respect, do not user our platform for anything that would be deemed illegal or obscene, always remember the Golden Rule ("don't do unto others….") and most importantly - have fun. See our Frequently Asked Questions page (https://younow.zendesk.com/forums/20597213-basics-of-younow) for further information about how you can use the Service.

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.

2. REGISTRATION

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 on the mobile 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:


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. 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.

6. 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 contact@younow.com

7. 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):



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:

Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: YouNow, 25 W. 36th Street, 5th Floor New York, NY 10018, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email to contact@younow.com with the words “Attn Copyright Infringement Designated Agent” in the subject line.

8. 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.

9. 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.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. 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.

11. PRIVACY

To learn more about how YouNow protects your personal information, please refer to the YouNow Privacy Policy.

12. ARBITRATION

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.

13. MISCELLANEOUS

(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: April 2014