YOUR enables everyone to contribute in creating the one place for educating, creating, curating, earning and owning in the space of product content.
To facilitate our extensive community, we provide the essential infrastructure and organizational framework for the development of multilingual product content medium and other endeavors which serve this mission. We strive to make and keep educational and informational product content available on the internet free of charge for individuals, in perpetuity.
PLEASE BE AWARE THAT BY USING THE YOUR PLATFORMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED “MANDATORY ARBITRATION” BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Binding and legally enforceable contracts
You must be at least 13 years old to access or use the YOUR platforms or Services, including without limitation to complete a YOUR account registration. By accessing or using the Services in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the YOUR platforms or Services, including without limitation to complete a YOUR Account Registration. By accessing or using the Services or the YOUR platforms in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or YOUR platforms in any manner, and may not provide any personal information to or on the Services or YOUR platforms (including, for example, a name, address, telephone number or email address).
YOUR will use reasonable efforts to make the YOUR platforms available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
- You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Platforms or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Platforms.
- Some premium or additional features of YOUR may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event YOUR charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of YOUR
Content Restrictions, and Permissions
All materials displayed or performed on the YOUR platforms, including but not limited to text, graphics, logos, tools, photographs, images, manuals, illustrations, software or source code, audio and video, and animations (collectively “YOUR platforms Content”) (other than YOUR platforms Content posted by individual “Subscriber Content”) are the property of YOUR and/or third parties and are protected by United States and international copyright laws (“YOUR Content”).
All trademarks, service marks, and trade names are proprietary to YOUR and/or third parties and use of the Platforms means you agree to abide by all copyright notices, information, and restrictions contained in any YOUR platforms Content accessed through the Services.
From time to time, YOUR may make available compilations of all the Creations on the YOUR platforms. Creations are licensed under the CC BY-SA license. By downloading the product content, you agree to be bound by the terms of that license.
Any other downloading, copying, or storing of any public Platform Content (other than Subscriber Content or content made available via the YOUR API) for other than personal, noncommercial use is expressly prohibited without prior written permission from YOUR or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public YOUR platforms the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by YOUR or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. YOUR or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to the YOUR platforms, is perpetually and irrevocably licensed to YOUR on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC BY-SA 4.0), and you grant YOUR the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Product Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update the YOUR platforms
- Process lawful requests from law enforcement agencies and government agencies
- Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required
- Aggregate data to provide product optimization
This means that you cannot revoke permission for YOUR to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC BY-SA 4.0 license terms are explained in further detail by Creative Commons, and the license terms applicable to content are explained in further detail here. You should be aware that all YOUR platforms Content you contribute is available for public copy and redistribution, and all such YOUR platforms Content must have appropriate attribution.
Disclaimer of Warranties
You will indemnify and hold YOUR, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the YOUR Platforms, use of YOUR products or services made available on the public YOUR Platforms, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE YOUR PLATFORMS OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF YOUR OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT YOUR’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment and Jurisdiction
You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.
Merger and Severability