Terms of Use (Last Modified: 2019-07-12)
Welcome to Yoodule’s Terms of Use and Services. Please read this carefully before using our site, services, or products. This is a contract between you and Yoodule. We’ve also included several annotations that aren’t a part of the contract itself, but are intended to emphasize key sections and help you follow the text.
1. Accepting the Terms of Service
Please read these Terms of Service carefully before using https://yoodule.com (the “Site”) and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Yoodule. (all of those collectively with the Site, the “Services”). By using or accessing the Services, you (“Subscriber” or “you”) agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn’t, and aren’t permitted to, use the Services. Yoodule’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without Yoodule processing information about you (“Subscriber” or “you”). Processing of the information you share with Yoodule is essential to the personalized Services which we provide and which you expect, including personalized Content and ads, and is a necessary part of our performance of the agreement we have with you.
2. Modifications to this Agreement
Yoodule reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your Yoodule Notification box or Home Page or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Yoodule received your prepayment.
3. Use of the Services
Eligibity:
You may not use the Services, provide any personal information to Yoodule, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data) . You may only use the Services if you can form a binding contract with Yoodule and are not legally prohibited from using the Services.Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Yoodule retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Yoodule may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Yoodule may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Yoodule may also terminate or suspend Accounts at any time, in its sole discretion.Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Yoodule and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yoodule (and only pursuant to those terms and conditions) or unless permitted by Yoodule’s robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
4. Registration, Yoodule URLs and Security
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an ” Account”), provide an email address and/or mobile phone number and select a password and Yoodule username, which will serve as a default link to your default Yoodule profile page of the form https://yoodule.com/[username] (a ” Yoodule URL”).
You agree to provide Yoodule with accurate, complete, and updated registration information, particularly your email address or phone number. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Yoodule immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Privacy
For information about how Yoodule collects, uses, and shares your information, please review our Privacy Policy . By using the Services, you agree you have read the Privacy Policy, which describes our collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Yoodule.
6. Content and Subscriber Content
Definitions:
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, images, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term ” Subscriber Content” means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Yoodule and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.Subscriber Content License to Yoodule:
When you provide Subscriber Content to Yoodule through the Services, you grant Yoodule a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Yoodule to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services
You also agree that this license includes the right for Yoodule to make all publicly-posted Content available to third parties selected by Yoodule, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Yoodule’s Services – when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.Content License to You:
As a Subscriber of the Services, Yoodule grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below. This means, for example, that we license Content to you for purposes of redistributing.Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Yoodule shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it and, if required by the applicable Privacy Policy, delete your Account data and / or Subscriber Content unless permitted or required to keep this data in accordance with law; however, you acknowledge and agree that: (a) deleted Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed.
7. Paid Services
Some of the Services require payment of fees (the ” Paid Services,” including without limitation Sponsored Posts). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Yoodule’s sole discretion and in accordance with the rules governing each Paid Service.
Yoodule may change its prices for Paid Services at any time. To the extent applicable, Yoodule will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
8. Special Provisions for Promotions
Some features of the Services may allow you to promote yourself to other Subscribers, and some of these features may be Paid Services (” Promotions”).The following additional terms apply to Promotions:
Things that you promote will comply with this Agreement; if they don’t, Yoodule reserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you. Yoodule may remove or disable any Promotion for any reason in its sole discretion.
Unless otherwise specified, Yoodule does not guarantee any activity that Promotions may receive, including but not limited to clicks, trends etc. Yoodule cannot control how Subscribers interact with Promotions and is not responsible for “click fraud” or other fraudulent actions by third parties, including, without limitation, Subscribers. Yoodule doesn’t guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Yoodule shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how trends are counted).
Promotions may allow targeting to some Subscriber characteristics. Yoodule does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
By submitting a Promotion, you license Yoodule to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or cancelled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
9. Warranty Disclaimer; Services Available on an “AS IS” Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, YOODULE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Yoodule makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. Yoodule also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Yoodule or through the Services, will create any warranty not expressly made herein.
10. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Yoodule must be filed within one year after such claim arose; otherwise, your claim is permanently barred.You further release, to the fullest extent permitted by law, Yoodule and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Yoodule (the “Yoodule Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Subscribers, including those between you and other Subscribers.
The acts of third parties generally (i.e., individuals or entities who are not Yoodule or a Yoodule Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to Yoodule at any venues (“Meetups”), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups; Unless otherwise expressly disclosed in writing, Yoodule does not sponsor, oversee, or in any manner control Meetups.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOODULEAND THE YOODULE AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YOODULE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF YOODULE AND THE YOODULE AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
12. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
13. Termination
Either party may terminate this Agreement at any time by notifying the other party. Yoodule may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Yoodule or any third party and shall not relieve you of your rights if you are a user in the European Economic Area which are described in the Privacy Policy.
