These terms and conditions are entered into by and between you and YouApp, LLC and its affiliates (“YouApp”, “we”, “our”, “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "End User License Agreement"), govern your access to and use of YouApp’s websites, systems, software applications, and services (collectively, the “Platform”), or accessing any music, photos, videos or other content or material that is made available through the Platform (the “Content”), whether as a guest or a registered user.
Please read this End User License Agreement carefully before you start to use our Platform. By using the Platform (or by clicking to accept or agree to the End User License Agreement when this option is made available to you), you accept and agree to be bound and abide by this End User License Agreement, our community guidelines (the “Community Guidelines”) and our privacy policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not want to agree to this End User License Agreement, Community Guidelines, or the Privacy Policy, you must not access or use the Platform.
The Platform is offered and available to users who are 13 years of age or older. By using our Platform, you represent and warrant that you are of legal age to form a binding contract with YouApp and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
This End User License Agreement is not intended and is not to be construed to amend, modify, or supersede any other terms that may be explicitly agreed to in writing between you and YouApp in connection with any products and services offered by YouApp.
YouApp reserves the right to revise and update this End User License Agreement at any time and from time to time without specific notice to you. The latest End User License Agreement will be posted on this website and all changes will be effective immediately when we post them.
Your continued use of the Platform following the posting of revised End User License Agreements means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not wish to continue using the Platform under the new version of the End User License Agreement, you may terminate your YouApp account by contacting us through our website contact form. Notwithstanding the preceding sentences of this paragraph, no revisions to the End User License Agreement will apply to any dispute between you and us that arose prior to the date of such changes.
To use the Platform, you must register, or have previously registered, a YouApp account (an “Account”). We may accept or refuse Account registration at our sole discretion. You may not transfer or assign your Account.
Creation and use of Accounts are subject to the following terms and conditions:
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for any YouApp products or services, you acknowledge that payments may be processed automatically (e.g., charged to your credit card) until you cancel your subscription or your Account. YouApp may revise the pricing for the goods and services offered through the Platform at any time. EXCEPT AS EXPRESSLY PROVIDED IN THIS END USER LICENSE AGREEMENT, YOU ACKNOWLEDGE THAT YOUAPP IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO YouApp FOR USE OF THE PLATFORM, OR FOR PURCHASES MADE THROUGH YOUR ACCOUNT ON THE PLATFORM, FOR ANY REASON.
The Platform and the Content are the property of YouApp or YouApp’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Platform, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or YouApp. You promise and agree that you are using the Platform and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Platform or the Content.
You will retain all ownership rights to any of your original content that you upload to YouApp. If you create a fan profile and choose to upload your own content (“User Content”) to YouApp, we grant you a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Platform and to use the Platform for commercial use to promote User Content and personal brand as an artist or band to fans (the “License”). This License shall remain in effect until and unless terminated by you or YouApp.
The YouApp software applications and the Content are not sold or transferred to you, and YouApp and its licensors retain ownership of all copies of the YouApp software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
All YouApp trademarks, service marks, trade names, logos, domain names, and any other features of the YouApp brand (“YouApp Brand Features”) are the sole property of YouApp or its licensors. This End User License Agreement does not grant you any rights to use any YouApp Brand Features whether for commercial or non-commercial use.
You agree to abide by these guidelines and not to use the Platform, the Content, or any part thereof in any manner not expressly permitted by this End User License Agreement. Except for the rights expressly granted to you in this End User License Agreement, YouApp grants no right, title, or interest to you in the Platform or Content.
Third party software (for example, open source software libraries) included in the Platform are made available to you under the relevant third party software library’s license terms, and such terms will be provided to you upon request.
While YouApp does not actively monitor Content uploaded to the Platform, YouApp reserves the right to suspend or revoke your license to use the Platform or Content, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
As an Account holder you may submit User Content to the Platform, including sound recordings, pictures, videos, text, messages, information, playlist information, comments and/or other types of content. You understand that YouApp does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to YouApp all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Platform pursuant to this End User License Agreement.
For clarity, you retain all of your ownership rights in your User Content. Further, YouApp will not share your User Content with third parties outside of the Platform without first obtaining your explicit consent to do so. However, by submitting User Content to YouApp, YouApp requires the following license from you in order to operate the Platform and perform the services requested.
You hereby grant YouApp a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the Platform and YouApp's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your User Content through the Platform for non-commercial purposes, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Platform and under this End User License Agreement. The above licenses granted by you in sound recording User Content you submit to the Platform terminate within a commercially reasonable time after you remove or delete your sound recordings from the Platform. You understand and agree, however, that YouApp may retain, but not display, distribute, or perform, server copies of your sound recordings that have been removed or deleted.
You further agree that User Content you submit to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouApp all of the license rights granted herein. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law), such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on the Platform.
YouApp does not endorse any User Content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouApp expressly disclaims any and all liability in connection with User Content. YouApp does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and YouApp will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouApp reserves the right to remove User Content without prior notice.
You promise that, with respect to any User Content you post on the Platform, (i) such User Content, or its use by YouApp as contemplated by this End User License Agreement, does not violate the publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by YouApp or any other creator, artist, band, label, entity or individual without express written consent from such individual or entity, and (ii) no royalties or other fees will be payable by YouApp to any third party for the reproduction, distribution, public display, public performance, creation of derivative works, or other use or exploitation of such User Content.
YouApp may, but has no obligation to, monitor, review, or edit User Content. Because there is a risk to hosting user uploaded content, including User Content, YouApp reserves the right, in all cases, to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that, in YouApp’s sole discretion, violates this End User License Agreement, the rights of any third party, poses a reputational risk to YouApp or any other person, or would cause YouApp to be in breach of any agreement to which YouApp is a party. YouApp may take these actions without prior notification to you or any third party and without any liability to you for such removal. However, YouApp does not obligate itself to remove any User Content except as required by law.
You are solely responsible for all User Content that you post, so please be careful about what you post. Don’t defame people on the Platform. As you would expect, YouApp is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST YouApp RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LAW, YOU WILL INDEMNIFY AND HOLD YouApp HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF SUCH CLAIM AND/OR YOUR BREACH OF THE REPRESENTATIONS SET FORTH IN THIS END USER LICENSE AGREEMENT.
YouApp respects intellectual property rights and expects you to do the same. The current ground rules for your use of the Platform are listed below, but these may be updated, or we may provide you with additional rules, from time to time. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
transferring copies of cached Content from an authorized Device to any other Device via any means;
selling an Account or component thereof (such as followers, like, or playlists), or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect YouApp, the owners of the Content, yourself, and other users of the Platform. Don’t engage in any activity, post any User Content, or register profile information associated with your Account, which is or includes material that:
You agree that you will not assist or permit any person in engaging in any of the activities set forth in these User Guidelines. You acknowledge and agree that posting any such objectionable Content may result in immediate termination or suspension of your YouApp account.
Please be thoughtful about how you use the Platform and what you share, and especially how you interact with your fans on the Platform. The Platform includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on the Platform or across the web, and may live on in perpetuity once posted, so please use the Platform carefully. YouApp has no responsibility for your choices to post User Content on the Platform.
Certain pre-release versions of YouApp products and services may be made available to you through the Platform for testing (a “Beta Test”).
During and after the Beta Test, you may be provided with an opportunity to give YouApp your comments, suggestions and impressions of the Platform by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Platform may also include a tool that will allow your computer, console or mobile device to forward system and driver information to YouApp in the event of a crash. This tool may collect data from your computer, console or mobile device related to the crash, and allow you to forward a report to YouApp via electronic mail.
You acknowledge that: (a) the Platform being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer, console or mobile device; (b) you have, or will, back-up your device prior to installation or use of the Beta Test Platform; (c) you have the resources necessary to easily reinstall the Beta Test’s Platform and restore any and all data that may be lost; (d) YouApp is not liable in any way for the loss of data or damage that is incurred during the Beta Test, including, but not limited to, interruptions of service, software or hardware failures, or loss of data or disruption of service; (e) YouApp may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta Test; (f) YouApp may delete or modify the information (including any User Content) stored by the Platform being Beta Tested for any reason at any time during the duration of the Beta Test; and (g) you may not sell, transfer or commercially exploit access to a Beta Test, without YouApp’s express authorization.
YouApp can terminate a Beta Test at any time. When YouApp terminates a Beta Test, you must delete the pre-release version of the Platform that was the subject of the Beta Test. You agree and acknowledge that YouApp’s termination of the Beta Test shall not be grounds for any refunds of any kind. Your participation in a Beta Test shall not entitle you to a license to the Platform at the end of the Beta Test.
When participating in a Beta Test, the terms of this section shall supersede and govern over any other section of this End User License Agreement which may be in conflict with the terms of this section.
We do not undertake to review all Content before it is posted on the Platform, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any Platform user or third party. In the event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless YouApp from any claims resulting from any action taken by YouApp during or as a result of its investigations and from any actions taken as a consequence of investigations by either YouApp or law enforcement authorities.
If you believe that any Content violates your copyright, please follow the procedure set forth by article 512(c) of the Digital Millennium Copyright Act (“DMCA”) and provide us a written takedown notice including the following information:
Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Platform are infringing a copyright.
If you believe in good faith that your own copyrighted material has been removed from the Platform as a result of mistake or misidentification, you may notify us at support@YouApp.vip. Your correspondence must include substantially the following:
You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YouApp AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE CONTENT, PLATFORM MATERIALS OR YouApp SERVICES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE CONTENT, PLATFORM OR YouApp MATERIALS OR SERVICES AND THEIR FEATURES OR FUNCTIONALITY OF THE PLATFORM OR ANY COMMUNICATION WITH YOU ARE FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY, REPRESENTATION, OR CONDITION. WITHOUT LIMITING THE FOREGOING, YouApp DOES NOT WARRANT: (a) THAT THE OPERATION OR OUTPUT OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE; (b) THAT ERRORS WILL BE CORRECTED BY YouApp; OR (c) THAT YouApp WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR THAT SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED NOTWITHSTANDING A CONTRACTUAL RESTRICTION TO THE CONTRARY. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. YouApp DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
IN NO EVENT WILL YouApp OR ITS SUPPLIERS HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY). IN ADDITION, THE LIABILITY OF YOUAPP AND ITS LICENSORS ARISING OUT OF OR RELATING TO THE CONTENT, PLATFORM OR ANY YouApp SERVICES WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF YOUAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUAPP SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Platform is controlled and offered by YouApp from its facilities in the United States of America. YouApp makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You hereby agree to defend and indemnify YouApp, its parent, subsidiaries, and affiliates against and from any third-party claims, liabilities, losses, injuries, damages, costs or expenses (including but not limited to attorney's fees) incurred by YouApp arising out of or from your use of the Content, Platform, Account(s), or any specific services or features associated therewith, including but not limited to (i) your violation of this End User License Agreement (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this End User License Agreement and your use of the Platform.
This End User License Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a new agreement, or, if the foregoing event does not occur, as long as you continue using the Platform. Neither the Platform nor YouApp’s agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of YouApp’s servers or other technology.
You are entitled to terminate this End User License Agreement and your Account at any time by notifying YouApp by email at support@YouApp.vip. YouApp reserves the right to terminate your Account at any time for any reason, or for no reason, with or without notice to you. In case of minor violations of this End User License Agreement, YouApp may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating this End User License Agreement or modifying or deleting an Account.
In the event of a termination for your violation of this End User License Agreement, you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to such termination.
This section applies to users that use the Platform through an application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to users that do not use the Platform on an Apple Device. The parties acknowledge that this End User License Agreement is concluded solely between you and YouApp, and not with Apple, and Apple is not responsible for the Platform and the content thereof. Any support that may be offered by YouApp in connection with the Platform is solely the responsibility of YouApp and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the Platform. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the Platform or the end-user’s possession and/or use of that Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement, and that, upon your acceptance of this End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third party beneficiary thereof.
Without regard to its conflict of law rules, this End User License Agreement shall be governed by and construed in accordance with the laws of the State of California and applicable federal laws of the United States. In the event of any controversy or claim arising out of or relating to these Terms (“Dispute”), the parties shall first consult and negotiate with each other, directly or through their representatives, and, recognizing their mutual interests, attempt to reach a satisfactory resolution of the Dispute. If the parties do not resolve the Dispute to their mutual satisfaction within sixty (60) calendar days, then upon written notice by either party to the other, any unresolved Dispute shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration under the applicable commercial rules, unless otherwise agreed by the parties, in writing. The arbitration shall be held before a single arbitrator agreed upon by the parties or, in the event the parties do not agree, appointed by the applicable arbitral body. All AAA arbitration proceedings shall be held in California unless otherwise agreed by the parties and arbitrator.
Without regard to the forum, any remedy and any award against YouApp and all of its parents, subsidiaries, affiliates, assigns, successors shall be limited to actual damages incurred and you shall not be entitled to any award or recovery for consequential, incidental, punitive, or exemplary damages.
Arbitration of a Dispute is mandatory, except as stated otherwise in this End User License Agreement. Any lawsuit brought by you involving a Dispute that is not subject to arbitration, shall be resolved individually without resort to any form of class action litigation. Notwithstanding anything in this End User License Agreement, you shall retain the right to seek relief in a small claims court for any Dispute within the scope of its such court’s jurisdiction.
YOU AND YOUAPP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Platform may not be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. YouApp may assign this End User License Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this End User License Agreement without YouApp’s prior written consent. Your assignment of this End User License Agreement without YouApp’s prior written consent shall be void. YouApp’s failure to enforce a provision of this End User License Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, YouApp may choose to waive enforcement of a provision of this End User License Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future. YouApp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of YouApp, such as natural disasters, unforeseen intrusions into YouApp’s cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. If any part of this End User License Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this End User License Agreement shall be given full force and effect. This End User License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
YouApp welcomes your questions or comments regarding this End User License Agreement:
YouApp, LLC: 8 the Green Suite A, Dover DE 19901
Effective as of 4/12/22
