UPDATED October 28, 2022
Welcome to You42. We’re glad that you’re here to use You42 and our other products and services, all of which we refer to simply as the “Services.”
Make yourself comfortable and have a good time, but first please review our terms of service.
1 / Accepting These Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Service (the “Terms” for short). These Terms are a legally binding contract between you and You42, Inc. and its family of subsidiaries (collectively, “You42,” “we,” or “us”). These Terms set out your rights and responsibilities when you use our Services, so please read them carefully.
We may make certain fee-based products and/or services available to users of the Services. For example, you may be able to order certain music-related products and/or licenses or access to pay-per-view events through the Services. Additional terms may apply to your use of, access to and purchase of such fee-based products or services and such additional terms are incorporated herein by reference.
By using any of our Services, you agree to these Terms. If you do not agree with these Terms, then do not use our Services.
(a) Age Requirements
(b) Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read these Terms with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of these Terms and responsible for your child’s activity on the Services.
2 / Your Privacy
3 / Your Account with You42
You will need to create an account with You42 to use our Services. Here are a few rules about accounts with You42:
- You must provide accurate information about yourself.
- You must not use false information or impersonate another person or company through your account;
- You must not create more than one account for yourself (and your account is nontransferable);
- You must not buy, sell, rent, or lease access to your account;
- You must not log in or attempt to access the Services through unauthorized third-party applications or client software; and
- You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of the business.
4 / Payment Terms
If you purchase credits to unlock access to premium content within the Services, then these payment terms apply to your purchase and you agree to them.
(a) Credits A marketing term used to denote the level of access a user has paid for in order to unlock access to premium content on the You42 Platform.
(b) Charges The price stated for the credits excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your You42 account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your You42 account and any unlocked content.
(c) Your You42 Account. To pay for credits to unlock access to premium content on the You42 Platform, you will be asked to provide a payment method. You can access and change your billing information and payment method from your You42 account. You agree to promptly update your You42 account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your You42 account will not affect charges we submit to your You42 account before we could reasonably act on your updates to your You42 account.
(d) Billing. By providing You42 with a payment method, you (i) represent that you are authorized to use that payment method and that any payment information you provide is true and accurate; (ii) authorize You42 to charge you for the credits you wish to purchase using your payment method; and (iii) authorize You42 to charge you for any other paid feature of the Services you choose to sign up for or use while these Terms are in force.
(e) Refund Policy. Purchases of credits are final and non-refundable unless required by applicable law. If premium content you unlocked with paid credits is removed from the Services within 45 days from the date that you unlocked that content, then the credits for that content will be refunded to your You42 wallet. If you believe that You42 has charged you in error, you must contact us within 90 days of such charge.
(f) Additional Terms Regarding Credits. The credits you purchase from You42 can only be used through the You42 platform to unlock access to premium content available through the Services. Credits cannot be exchanged for cash. Credits are non-transferable. You42 will not allow any user to purchase more than $2,000 in credits in a single transaction or $10,000 in the aggregate in a given day.
5 / Code of Conduct
By agreeing to these Terms, you are agreeing that, when using the Services, you will follow these rules:
(a) Don’t do anything illegal.
(b) Don’t engage in any activity that exploits, harms, or threatens to harm children.
(c) Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
(d) Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
(e) Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, ratings, or comments).
(f) Don’t use or attempt to use another’s account, username, or password without their permission;
(g) Don’t circumvent any restrictions on access to or availability of the Services.
(h) Do not prove, scan, or test the vulnerability of our Services or any You42 system or network;
(i) Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
(j) Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material or photographs).
(k) Don’t engage in activity that violates the privacy of others.
(l) Don’t help others break these rules.
6 / License Grant to You
(a) Your License
YOU42 RESERVES THE RIGHT, WITH OR WITHOUT PRIOR NOTICE, IN THEIR SOLE DISCRETION, TO (1) CHANGE CONTENT DESCRIPTIONS, IMAGES, AND REFERENCES; (2) LIMIT THE AVAILABILITY OF ANY CONTENT (EVEN PAID CONTENT AND YOU42 LIVE EVENTS); (3) HONOR OR REFUSE TO HONOR ANY COUPON, COUPON CODE, PROMOTIONAL CODE, OR SIMILAR PROMOTION; (4) BAR ANY USER FROM THE SERVICES; AND/OR (5) REFUSE TO PROVIDE ANY USER WITH ANY SPECIFIC SERVICE OR PRODUCT.
Any software, such as mobile applications, that we provide may automatically download and install updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings, but be aware that limiting updates may limit the functionality and security of our Services.
(c) Our Stuff
You must not copy, download, modify, distribute, sell, or lease any part of our Services, nor may you use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our prior written consent. You must not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit these restrictions or you have our written permission to do so. We also do not grant you the right to use our branding, logos, designs, photographs, videos, or any other of our materials used in the Services.
7 / License Grant to You42
(a) Your Stuff
Some of our Services may let you create, upload, post, send, receive, and store your content (“User Content”) such as “likes”, comments, or emoticons. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that User Content.
(b) Our License
For all Services, you grant You42 a worldwide, royalty-free, unrestricted, and transferable license to host, store, transmit, use, display, reproduce, modify, adapt, edit, publish, publicly display, and distribute your User Content. This license is for the limited purpose of operating, providing, improving, promoting, and developing our Services, as well as helping to develop new Services.
(c) License to Other Users
You further grant us the right to allow all users of You42 Services to view and/or access your User Content for their personal, non-commercial purposes.
(d) License Term
The above licenses will continue until you remove (or we remove) your User Content from the Services, in which case the licenses will terminate within a commercially reasonable period.
The Services may contain advertisements. In consideration for You42 letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising in the Services. Therefore, advertising may sometimes appear near your User Content.
8 / Content Restrictions
The Services may provide features that enable you to communicate with others or submit User Content. You are entirely responsible for the content of, and any harm resulting from, any of your communications within the Services and submissions of User Content to the Services. When you create or make available User Content, you agree that you:
- Will not post User Content that violates our Community Guidelines, which are incorporated into these Terms by reference.
- Will not post User Content that contains advertisements or solicit any person to buy or sell products or services (other than our products and services);
- Will not use the Services for any commercial purpose or unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, advertising or offering to sell products or services (whether or not for a profit), soliciting others (including solicitations for contributions or donations), or engaging in unauthorized framing of, or linking to, the Services without our express written consent; and
- Will not post User Content that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code, designated to enable you or others to gather information about or monitor the online or other activities of another party whether on our servers or third party computers or other equipment.
Please use our reporting features to flag inappropriate content, or reach us directly at firstname.lastname@example.org with your concerns.
9 / Our Management of the Services
(a) Service Availability
The Services and content or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and You42 is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your User Content.
(b) Our Service Management
We may, but are not required to:(i) monitor or review the Services and any content posted within the Services for violations of these Terms and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (iii) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) without prior notice any User Content, any portion thereof, or other content (x) that in our sole discretion may violate these Terms, applicable law, You42 policies, or are excessive in size or burdensome to our systems or (y) upon receipt of court order to do so; and (iv) manage these Services in a manner designed to protect the intellectual property rights of You42, our content creators, and our third party providers and to facilitate the proper functioning of the Services.
(c) Our Right to Terminate Users
Without limiting any other provision of these Terms, we reserve the right in our sole discretion and without notice or liability to deny access to and use of the Services to any person or entity for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation. You42 is not required to give any explanation as to why an account or access to the Services has been restricted or terminated.
(d) Risk of Harm
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses or providing false information. Please choose carefully the information you post on the Services and that you give to other Services users. You assume all risks associated with dealing with other users with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.
(e) Unaffiliated Third Party Services and Applications
We may provide connections via application programming interfaces to some 3rd party services which will be governed by their own terms. If you access any of these connected services, your use of those 3rd party services will be governed by their terms.
10 / Terminating Your Account
(a) Termination By You
We would hate to see you go, but you may terminate these Terms by closing your account with You42 at any time from your account settings.
(b) Termination By You42
We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. It is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. You42 may refuse service to anyone, at any time, for any reason.
(c) Information Loss
If you or You42 terminate your account, you may lose any information associated with your account, including your User Content. You42 is not responsible for your User Content that may be lost due to technical issues, accidental deletion, or other causes.
Sections 2, 3, 4, 7, 10, 11, 12, 13, and 14 of these Terms will remain in effect even after your access to the Services is terminated, or you terminate your You42 account.
11 / Disclaimer of Warranties
You42 provides the Services on an “as is” and “as available” basis. You therefore use the Services at your own risk. You42 expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, You42 makes no representations or warranties:
- That the Services will be permitted in your jurisdiction;
- That the Services will be uninterrupted or error-free;
- Concerning any content available via the Services;
- Concerning any user communications;
- Concerning any third-party’s use of User Content that you submit;
- That any User Content you submit will be made available on the Services or will be stored by You42;
- That the Services will meet your business or professional needs;
- That You42 will continue to support any feature of the Services; or
- Concerning third party sites and resources outside of the Services, even if linked to from the Services.
You42 accepts no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which You42 will be responsible for.
12 / Limitation of Liability
You42 is not liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with these Terms or your use of or attempt to use our Services, including (but not limited to) damages for loss of profits, goodwill or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release You42, our affiliates, directors, shareholders, officers, employees, agents, and third-party service providers from any claims, demands and damages (direct and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Services.
13 / Indemnification
You agree to indemnify, defend, and hold harmless You42 and our affiliates, directors, shareholders, officers, employees, and agents from any claims, including attorneys’ fees, related to:
(a) all third party actions that: (i) arise from your activities on the Services; (ii) assert a violation by you of these Terms; or (iii) assert that any User Content you submitted to the Services violates any law or infringes any third-party right, including any intellectual property or privacy right; and
(b) your use of the Services and any use attributable to your You42 account.
14 / General Provisions
(a) Governing Law
These Terms are governed by the laws in force in the State of Georgia, without regard to its conflict of laws rules, and the laws of the United States of America.
Any action arising out of or relating to these Terms or your use of the Services must be commenced in the state or federal courts located in Fulton County, Georgia, United States of America. Both you and You42 consent to jurisdiction in such courts.
You and You42 agree that any dispute or claim arising from or relating to these Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any US-based court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and You42 are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You agree that you will assume the entirety of costs of any arbitration claim you submit that is found frivolous by the arbitrator or determined to be “no fault” of You42.
(d) Waiver and Remedies
Headings are for convenience only and shall not be used to construe these Terms. No failure or delay by You42 in exercising any right hereunder will waive any further exercise of that right. You42’s rights and remedies hereunder are cumulative and not exclusive. You agree to not hold You42 or its employees, officers, directors, and agents liable for any damages resulting from usage of the Services, content uploaded, deleted, lost, posted or other actions from the Services.
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of these Terms.
(f) No Partnership
These Terms do not create an agency, partnership, joint venture, employment or franchisee relationship between you and You42.
(g) Successors; Assignment; Third Party Beneficiaries
These Terms are binding upon both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without You42’s prior written consent. No third party beneficiary rights are created under these Terms.
You consent to receive all communications including notices from You42 electronically. You42 may provide all such communications by email or by posting them on the Services. You may send notices of a legal nature to You42 at email@example.com or the following address:
Attention: Legal Department
202 Tribble Gap Rd #300
Cumming, GA 30040
(i) Changes to These Terms
We may change these Terms at any time, and we will tell you when we do via your You42 account. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your You42 account.
Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. You42 is not obligated to make any updates available and we do not guarantee that we will support the version of the system for which you licensed the Services or premium content.
Additionally, there may be times when we need to remove or change features or functionality of the Services or stop providing Services or access to third-party applications altogether. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
(j) Entire Agreement