Effective Date: January 1, 2020
2. YOUR REGISTRATION OBLIGATIONS.
1. You may use the Services only if you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. For certain features of the Services, you will need to create an account and become an “User“. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form.
2. You acknowledge that you have no ownership rights in your account. If you or YousicPlay cancels your account, all your account information, and any files, Documents (as defined below), and any other materials you provided, created or associated with your account (collectively with Documents, “User Content“) will be deleted and removed from the Services. You should know that in certain instances some User Content may continue to be available on the Services for some period of time because of delays in effecting deletion or through cached copies retained by third parties. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
3. USE OF SITES’ CONTENT.
4. SERVICE RULES.
1. In order to provide a welcoming and productive community on our Services and to improve the safety and security of our Services, we require that you adhere to the following rules:
(a) Do not give your username or password to others. You are responsible for maintaining the confidentiality of your username and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Services, you risk losing your access to the Services. You agree to notify YousicPlay immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other YousicPlay users in any manner or for any purpose other than that which is expected.
(c) Do not delete or revise any material posted to the Services by any other person or entity.
(d) Do not violate or attempt to violate the security of the Services.
(e) Do not access, tamper with, or use non-public areas of the Services.
(f) Do not log into a server or account which you are not authorized to use.
(g) Do not use the Services to advertise or offer to sell or buy any goods or services.
(h) Do not use the Services for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party’s intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
(i) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of the Services without proper authorization.
(j) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “mail bombing” or “crashing”.
(k) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
(l) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or other Users.
(m) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(n) Do not attempt to or actually access the Services by any means other than through the interfaces provided by YousicPlay or by navigating to the Services using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
(o) Do not use manual or automated software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Services.
(p) Do not utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in YousicPlay’s sole discretion, with the Services.
(r) Encourage or enable any other individual to do any of the foregoing.
(s) Report inappropriate postings or conduct to YousicPlay.
5. SPECIAL TERMS.
Special Terms about the YousicPlay’s status and the YousicPlay Library: WE ARE NOT LICENSED ATTORNEYS OR A LAW FIRM, NOR DO WE CLAIM TO BE. YOU ACKNOWLEDGE THAT YOUSICPLAY IS NOT PROVIDING YOU WITH LEGAL ADVICE OR ACTING AS YOUR ATTORNEY, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY OUTCOMES OR COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES. YOUSICPLAY DOES NOT CLAIM THAT VIDEOS BASED ON THE YOUSICPLAY LIBRARY ARE COMPLETE AND SUITABLE FOR USE IN ALL SITUATIONS AND JURISDICTIONS. YOU SHOULD SEEK LEGAL ADVICE BEFORE RELYING ON THE YOUSICPLAY LIBRARY FOR ANY CONTRACT, AGREEMENT OR TRANSACTION. YOU HEREBY ACKNOWLEDGE THAT YOUSICPLAY IS NOT A PARTY TO ANY AGREEMENT THAT YOU ENTER INTO AS A RESULT OF THE USE OF ANY VIDEO THAT YOU USE THROUGH THE SERVICES. USE OF THE SERVICES AND ANY VIDEO DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP, JOINT VENTURE OR PARTNERSHIP BETWEEN YOUSICPLAY AND ANY USER OR THIRD PARTY.
1. While certain Services are provided free of charge, some of our Services require payment. In order to use our Services that have fees associated with them, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay YousicPlay for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize YousicPlay to charge your designated payment method for such charges. If YousicPlay, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by YousicPlay or its operators. Every time you use the Services, you reaffirm that (i) YousicPlay (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) YousicPlay may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
7. REFUND AND EXCHANGE POLICY.
We want you to be 100% satisfied with our Services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are still not satisfied you may request a refund for up to 14 days after first signing up for any Service, inclusive of any free trial period. After 14 days you may cancel any subscription or access to the Services, but you will not be entitled to a refund.
8. THIRD PARTY SITES OR RESOURCES.
You may obtain access to third party sites or other resources through the Services. We provide such access only as a convenience and we do not undertake any responsibility or liability for information, products or services of third parties even if you access them through our Services. Your correspondence or business dealings with any such third party (including advertisers found on or through the Services), are solely between you and such third party. You agree that YousicPlay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads on the Services and YousicPlay expressly disclaims any responsibility or liability for any material communicated by third parties through the Services or for any claims, damages or losses resulting from the use thereof.
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
1. No Representations or Warranties by YousicPlay. YOUSICPLAY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THE CONTENT OR MATERIALS MADE AVAILABLE BY YOUSICPLAY THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE YOUSICPLAY LIBRARY) (“YOUSICPLAY CONTENT“), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, YOUSICPLAY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. YousicPlay makes no representations or warranties that the Services (including the YousicPlay Content) will be uninterrupted or error-free, that defects will be corrected or that the Services are free from viruses, worms or other harmful components. If your use of the Services results directly or indirectly in the need for servicing or replacing equipment or data, YousicPlay is not responsible for those costs. YousicPlay also makes no representations or warranties as to whether the information accessible via the Services (including the YousicPlay Library and any information posted by Users or third parties), is accurate, complete, current, reliable or truthful. YousicPlay assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. No Guaranty of Results. YousicPlay makes no representations or guarantees regarding the effectiveness or timeliness of the Services in meeting objectives of Users. YousicPlay does not guarantee that Documents created, checked or reviewed using the Services, including Documents based on the YousicPlay Library, will result in an agreement, contract or successful application, for whatever reason made, made by any User or third party.
4. Changes to the Services. YousicPlay reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without advance notice. This includes modifying or discontinuing any templates and forms included in the YousicPlay Library.
10. LIMITATION OF LIABILITY.
3. BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, YOUSICPLAY CANNOT AND DOES NOT CONFIRM EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF USERS OF THE SERVICES. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE YOUSICPLAY (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. PROPRIETARY RIGHTS.
1. YousicPlay’s Intellectual Property. The Services and the YousicPlay Content (including the YousicPlay Library) are the sole property of YousicPlay and/or its affiliates or its licensors and is protected by U.S. copyright and international treaties. YousicPlay reserves for itself and its licensors all right, title and interest in and to the Services, including all intellectual property rights therein. “YousicPlay ” and the YousicPlay design logo are registered service or trademarks of YousicPlay. All related products and service names, design marks and slogans are also the service marks or trademarks of YousicPlay. In addition, the “look” and “feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by YousicPlay’s trademarks, service marks and copyrights. You agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
3. DMCA/Copyright Policy. YousicPlay respects copyright law and expects its users to do the same. It is YousicPlay’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see YousicPlay’s Copyright and IP Policy at YousicPlay.com/copyright-policy for further information.
12. FITNESS FOR USE.
YousicPlay makes no representation that materials on these Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws.
13. DISPUTE RESOLUTION.
2. Exceptions. As limited exceptions to Section 13.A(1) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Injunctive and Declaratory Relief. Except as provided in Section 13.A(2) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
6. Class Action Waiver. YOU AND YOUSICPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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. If this specific provision is found to be unenforceable, then the entirety of this Section 13.A “Dispute Resolution; Individuals” shall be null and void.
B. Legal Entities. If you are a company or other legal entity, the provisions of this Section 13.B apply to you with respect to any Disputes:
The exclusive jurisdiction for all Disputes will be the state and federal courts located in the county of San Francisco, California, and you and YousicPlay each waive any objection to jurisdiction and venue in such courts.
14. GENERAL TERMS.
8. Notice. For purposes of notices about the Services to you, notice shall consist of an email from YousicPlay to the email address associated with your account, regardless of any other information we may have. YousicPlay also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. YousicPlay shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our Services.
14. MOBILE MESSAGE SERVICES TERMS & CONDITIONS
The Yousicplay Alerts service (the “Service”) is operated by Yousicplay (“Yousicplay”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Yousicplay via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 833-923-3708to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Yousicplay mobile message programs and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 833-923-3708 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number. You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
15. CONTACT INFORMATION.