As you probably know by now, the Service is a live-video social entertainment platform. YouNow allows anyone from anywhere to broadcast their live video (via webcam or mobile device), to be viewed by the public- IN REAL TIME - by an online audience, 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. While 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+®, Twitter®, or Instagram® account, using the same information provided to one of these networks. You can alter such information by updating your Facebook®, Google+®, Twitter®, or Instagram® account (it will automatically update your YouNow account the next time you log in) by accessing your YouNow account options by logging into the Service 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.
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. If for any reason you want to limit your children's access to this Site and/or App, there are a number of parental control protections, which are commercially available.
The underlying platforms of the Service are either the proprietary property of YouNow or the proprietary property of our licensors or licensees. "YouNow®" 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. 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.
The term "Content" as used within these Terms refers to any, action, information, data, communication, video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and/or other materials you may view on, access through, or contribute to the Service. YouNow is not responsible for the Content of third parties. If you choose to contribute Content to the Service:
In the course of participating and/or accessing the Service, you may either initiate (as a Broadcaster/performer) or participate in a "Guest Broadcast" by activating or responding to the YouNow "Guest Broadcasting" feature, as applicable. For purposes of these Terms, the Broadcaster/performer shall be deemed the "Host" of the Guest Broadcast (and shall control the Guest Broadcast) and the participant invited to the Guest Broadcast shall be deemed the "Guest Broadcaster." Any content transmitted by a Guest Broadcaster in response to a Host invitation shall be considered "Content" for purposes of these Terms and shall be subject to all the provisions and requirements herein, including without limitation the Acceptable Use Policy set forth below. Further, in addition to each Guest Broadcaster's indemnity obligations as set forth in Section 13 below, Guest Broadcasters shall release, indemnify and hold harmless the Related Parties as well as the applicable Host from and against any and all Damages asserted against, imposed upon or incurred by YouNow, the applicable Host and/or any of the Related Parties resulting from or arising out of any Content transmitted by a Guest Broadcaster in connection with a Guest Broadcast initiated by any Host, including, without limitation, any infringement of any third party's rights by the Content any Guest Broadcaster provides.
For the avoidance of doubt, to the extent a Guest Broadcaster contributes any Content to a Host broadcast, such Content shall remain the property of the Guest Broadcaster provided that the Guest Broadcaster hereby grants to the Host, as well as YouNow, a non-exclusive, perpetual, royalty-free, sub-licenseable, transferable irrevocable, worldwide license to use, reproduce, distribute, prepare derivative works of, display and perform such Content, in connection with the Service and YouNow's business, in whole or in part in any media now known or hereafter devised (including without limitation on the Host's YouNow account). For clarity, each Guest Broadcaster hereby releases, discharges and covenants not to sue YouNow or any Host with respect to any claim connected in any way with or arising from YouNow's or any Host's use of the Guest Broadcaster Content as authorized by these Terms (including without limitation any claims that such use violates any proprietary right of the Guest Broadcaster, including without limitation copyrights or rights of publicity/privacy).
You further expressly agree that any Content, including Sponsored Content you submit 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. By using the Service, you further 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.
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.
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/ Play Store 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 Service 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.
YouNow may offer access to certain portions of the Service on a Subscription basis. Subscriptions shall be for a Subscription Term as selected by you through the Service. Subscription Services may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless you cancel your subscription before the monthly Renewal Date that is disclosed to you when you activate your Subscription, and through the Settings portion of the Service (in which case you may be responsible for making payments through the end of that calendar month). We may or may not notify you prior to each Renewal Date.
You agree to pay your subscription fee in advance of receiving any such Subscription Service. YouNow reserves the right to discontinue or modify any subscription fee payment option. You are responsible for all charges incurred under your account and you are responsible for timely cancelation of your Subscription regardless of whether you receive any notice from us. YouNow reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
If you choose a Subscription Service, you hereby grant YouNow permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until YouNow has verified that the credit card or other payment information you provide YouNow for payment is accurate and that your payment method account is in good standing.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify YouNow if your selected payment method is cancelled (e.g., for loss or theft).
You may choose not to renew your Subscription Service at any time by selecting the "Cancel Subscription" option under the Subscriptions page or by contacting [email protected] Your cancellation is effective at the end of the current subscription term.
YouNow has the right, but not the obligation, to screen, refuse to post, remove or edit the Content (including any Sponsored Content), at any time and for any or no reason at all, at our sole discretion. YouNow takes steps to monitor Content and keep the Site, App, and Service safe, but YouNow cannot guarantee their safety. You enter the Site and/or App and use the YouNow Service at your own risk. YouNow reserves the right, but assumes no obligation, 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.
Given that the Service is provided in real-time - we would appreciate your help in reporting to us any Content that you believe violates these Terms. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation, including the time zone to http://support.younow.com
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 fit.
To provide such submissions or feedback, please email [email protected]
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.
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 [email protected] with the words "Attn Copyright Infringement Designated Agent" in the subject line.
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.
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, known and unknown (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 or the failure of your Sponsored Content to comply with applicable law (including the FTC Guides). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR YOUNOW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
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. These Terms are governed by New York law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by New York law and will be held in New York, New York. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to these Terms.
(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.
Terms last updated: November 2015