YUR, Inc. (together with our affiliates, “YUR”, “we”, or “us”) offers a personalized and social fitness application and platform and related products, services, content, and features through the YUR website (the “YUR Site”) and through mobile, desktop, virtual or augmented reality headset, or other device applications (including iOS and Android applications (“Apps”)) and any YUR-controlled social media pages (including on Facebook, Instagram, and Twitter). To make these Terms easier to read, the YUR Sites and Apps, and YUR-controlled social media pages are collectively called the “YUR Service” or “the Services”. By downloading, visiting, browsing, or using the YUR Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and YUR.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. Please read these Terms in their entirety. If you do not wish to be bound by these Terms, you may not access or use the YUR Service. Certain elements of the YUR Service may be subject to additional terms and conditions specified from time to time, and your use of those elements of the YUR Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
WHO MAY USE THE SERVICES
We may, in our sole discretion, refuse to offer the YUR Service to any person or entity at any time. You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the YUR Service. The right to access and use the YUR Service is revoked where these Terms or use of the YUR Service is prohibited or conflicts with any applicable law, rule or regulation.
Minors between the ages of 13 and 18 may use the YUR Service, provided that (a) they and their parent/guardian agree to be bound by these Terms; and (b) their parent/guardian is supervising their use of the YUR Service at all times. Otherwise, you must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the YUR Service.
LICENSE TO USE THE YUR SERVICE
Subject to your compliance with these Terms, YUR grants you a limited, non-transferable, non-exclusive, revocable license to access and use the YUR Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the YUR Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
What information we may collect about you;
What we use that information for; and
With whom we share that information.ACCOUNT AND REGISTRATION
To enjoy full access to the YUR Service, you must download the YUR Service, create an account, and pay for our Content and features. All information that you provide must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.
Account Updates. You must notify us if any of your account information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your account.
Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information, or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable in YUR’s sole discretion.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the YUR Service. If you become aware of unauthorized access to your account, change your password and notify us immediately at email@example.com.FEES
YUR will provide information on its then-current fees on the YUR Site and/or by other means through the YUR Service. Features and prices are subject to change.
In connection with your download, use of, and/or subscription to the YUR Service, you agree to pay the fee(s) specified on the YUR Site plus any applicable taxes and other charges. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your account or subscription, along with other payment information. You authorize us to charge your purchase to that payment method. You represent and warrant that you have the legal right to use the payment method(s) that you provide to us. Your representations and authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us.TERM AND TERMINATION; ACCOUNT DELETION
These Terms begin on the date you first use the YUR Service and continue as long as you have an account with us and/or continue to use the YUR Service.
Termination. YUR may, in YUR’s sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your subscription, or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if YUR determines that you have violated these Terms or that your conduct or User Content would tend to damage YUR’s reputation or goodwill. If YUR deletes your account or terminates your subscription, you may not re-register for or use the YUR Service under any other user name or profile without the express written consent of YUR. YUR may block your access to the YUR Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by YUR will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and YUR is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your account or it is terminated for any reason, you may lose access to Content or features provided through the YUR Service. YUR, in its sole discretion, may make available a limited amount of Content or features to non-account holders from time to time, and any use of that Content is governed by these Terms.USER CONTENT
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the YUR Service; and (ii) “User Content” means any content that users (including you) provide to be made available through the YUR Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the YUR Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the YUR Service.
As between you and YUR, you represent that you own (or have all rights necessary to grant YUR the rights below to) all User Content that you submit to the YUR Service, and that YUR will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant YUR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the YUR Service permission to view your User Content for their personal, non-commercial purposes.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the YUR Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.RIGHTS AND TERMS FOR APPS
Rights in App Granted.
Subject to your compliance with these Terms, YUR grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device, virtual or augmented reality headset, or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. YUR reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store, Google Play, SideQuest, or the Oculus Store) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and YUR, and not with the App Provider, and YUR (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of YUR.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and 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.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, YUR will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third-party terms of service when using the App.GENERAL PROHIBITIONS AND YUR’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the YUR Service, unless expressly permitted in writing by an authorized representative of YUR;
Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
Download and/or install any third-party software and/or application on any YUR hardware that is not expressly permitted by YUR in writing;
Use, display, mirror or frame the YUR Service or any individual element within the YUR Service, YUR’s name, any YUR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without YUR’s express written consent;
Access, tamper with, or use non-public areas of the YUR Service, YUR’s computer systems, or the technical delivery systems of YUR’s providers;
Attempt to probe, scan or test the vulnerability of any YUR system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by YUR or any of YUR’s providers or any other third party (including another user) to protect the YUR Service or Content;
Attempt to access, scrape or search the YUR Service or Content or download Content from the YUR Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by YUR or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a YUR trademark, logo URL or product name without YUR’s express written consent;
Use the YUR Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by YUR;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the YUR Service or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the YUR Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the YUR Service;
Collect or store any personally identifiable information from the YUR Service from other users of the YUR Service without their express permission;
Copy, use, disclose or distribute any information obtained from the YUR Service, whether directly or through third parties (such as search engines), without YUR’s express written consent;
Impersonate or misrepresent your affiliation with any person or entity;Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the YUR Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the YUR Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the YUR Service and YUR’s systems. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the YUR Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.USER INTERACTIONS, DEALINGS WITH THIRD PARTIES
When interacting with other YUR users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the YUR Service, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that YUR is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless YUR and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the YUR Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.THIRD-PARTY LINKS AND CONTENT
There may be links on the YUR Service that let you leave the particular YUR Service you are accessing in order to access a linked site that is operated by a third party. YUR neither controls nor endorses these sites, nor has YUR reviewed or approved the content that appears on them. YUR is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that YUR is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.NO WARRANTIES
YUR reserves the right to modify the YUR Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the YUR Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, smart phone, mobile device, Internet connection, virtual or augmented reality headset etc.) to the YUR Service. YUR has no obligation to screen or monitor any Content and does not guarantee that any Content available on the YUR Service is suitable for all users or that it will continue to be available for any length of time.
YUR provides the YUR Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the YUR Service at your own risk. Other than as expressly provided in writing by YUR in these Terms, to the extent permitted by law, YUR expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, YUR makes no representations or warranties:
That the YUR Service is or will be permitted in your jurisdiction;
That the YUR Service will be uninterrupted or error-free;CONCERNING ANY CONTENT, INCLUDING USER CONTENT;
Concerning any third party’s use of User Content that you submit;
That the YUR Service will meet your personal or professional needs;
That YUR will continue to support any particular feature of the YUR Service.
Concerning sites and resources outside of the YUR Service, even if linked to from the YUR Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE YUR SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) YUR shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the YUR Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) YUR’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to YUR over the 3 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of YUR’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between YUR and you.SAFETY WARNINGS
THE YUR SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE YUR SITE OR HEARD ON THE YUR SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE YUR SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE YUR SITE OR AVAILABLE THROUGH ANY YUR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE YUR SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YUR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT MAY APPEAR ON THE YUR SERVICE. NO ASSURANCE CAN BE GIVEN THAT ANY ADVICE CONTAINED IN THE YUR SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of YUR with the intent of using the YUR Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the YUR Service.
If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the YUR Service.
YUR reserves the right to delete or cancel your account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.INTELLECTUAL PROPERTY
You acknowledge that the YUR Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All YUR-generated content, and content provided to YUR by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions. As between you and YUR, YUR owns a copyright in the selection, coordination, arrangement and enhancement of all content in the YUR Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the YUR Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the YUR Service, YUR hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the YUR Service for your personal, non-commercial use of the YUR Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the YUR Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The YUR name, logos and affiliated properties, designs and marks are the exclusive property of YUR, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the YUR Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the YUR Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the YUR Service. All rights not expressly granted in these Terms are reserved.
If you make suggestions to YUR or through the YUR Service about improving or adding new features or products to the YUR Service or you otherwise provide feedback or testimonials, you hereby grant to YUR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you.
COPYRIGHT / DMCA POLICY
YUR respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third-party copyright or other intellectual property rights.
If properly notified that any materials infringe a third party’s copyright, YUR will promptly remove such materials from the YUR Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) or equivalent laws which are applicable in other jurisdictions. In addition, YUR may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA (or equivalent legal notice), to Remove Copyrighted Content - for Copyright Holders:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the YUR Site the material that you claim is infringing may be found, sufficient for YUR to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information, or any counternotice, via email, with the subject line “Copyright Notices” to firstname.lastname@example.org, or via mail to the address below.
55 E 3rd Ave, San Mateo, CA 94401
Attn: Copyright Agent
YUR may disclose any communications concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.ARBITRATION CLAUSE & CLASS ACTION WAIVER - APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Mandatory Arbitration of Disputes.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, United States before one arbitrator. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures set forth in the Rules, including Rules 16.1 and 16.2, as they exist on the effective date of this Agreement. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Attorney’s Fees. In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Class Action Waiver.
YOU AND YUR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.CONTRACTING ENTITIES, GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in San Francisco, California, United States of America, and you consent to the jurisdiction of those courts.INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by YUR in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of YUR. YUR’s rights and remedies hereunder are cumulative and not exclusive.SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without YUR’s prior written consent. YUR may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. The YUR Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.NOTICES
You consent to receive all communications including notices, agreements, disclosures, or other information from YUR electronically. YUR may communicate by email or by posting to the YUR Service. For support-related inquiries, you may email email@example.com. For all other notices to YUR, write to the following address:
55 E 3rd Ave, San Mateo, CA 94401
Attn: Legal Department
Nothing in these Terms or otherwise limits YUR’s right to object to subpoenas, claims, or other demands.MODIFICATION
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the YUR Site and/or through the YUR Service. Modifications will be effective on the date that they are posted to the YUR Site. It’s important that you review the Terms whenever we update them before you use the YUR Service. If you continue to use the YUR Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the YUR Service anymore. Because the YUR Service is evolving over time we may change or discontinue all or any part of the YUR Service, at any time and without notice, at our sole discretion.ENTIRE AGREEMENT
by reference, as well as any other policies or procedures referenced herein that are posted to the YUR Site from time to time.In the event of a conflict between any policies posted on the YUR Service and these Terms, these Terms will control. These Terms represents the entire understanding between YUR and you regarding the YUR Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.