Welcome to the YouNow Website (the "Site"). The Site 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 fun and entertainment, and the following YouNow Terms of Service (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 which we deem to be the web's first online reality network. YouNow allows anyone from anywhere to broadcast their live video (via webcam or mobile device), to be judged - IN REAL TIME - by an online audience and to earn immediate fame and social equity (followers and fans). Good scores earn users additional air time, fans and fame; poor scores get users immediately booted off the air and a drop in ranking – basically, a modern-day Gong Show, if you will.
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 THE Site AND DO NOT 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® account, using the same information provided to Facebook. You can alter such information by updating your Facebook® account (it will automatically update your YouNow account the next time you log in) or by accessing your YouNow account options by loggging into the Site and clicking the "My Settings" at the top right of the site. 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 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.
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 trade dress 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.
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 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 Site 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 (iii) 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.
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 find via the Service and 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 it if 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, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Service, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
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 email@example.com
YouNow is committed to protecting the rights of copyright rightholders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and 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.
Notices of claimed infringement 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 firstname.lastname@example.org 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 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, ITS 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-generate 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 generated by our users.
Please also note that the Service is controlled and offered by YouNow from its facilities in the United States of America. 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 indemnify and save 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, including, without limitations, infringement of third party's rights by your use of the Service or through User Content.
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 MATERIALS CONTAINED ON THIS Site WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY YOUNOW OR ANY THIRD PARTY.
Version: December 2011