Your Acceptance

Welcome to the Terms of Use for the www.yours.co website and mobile app (iOS and Android) and any services provided (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Yours.co Inc. (“YOURS.CO”), the owner and operator of the Platform and you (“you”, “your” or “user(s)”), a user of the Platform.

Throughout this Agreement, the words “YOURS.CO,”  “us,”  “we,” and “our,” refer to our company, Yours.co Inc., as is appropriate in the context of the use of the words.    

By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend this Agreement at any time and may notify you
if we do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

What this means:  You are entering into an Agreement with YOURS.CO that governs your use of our Platform.  There are arbitration and class action provisions contained in this Agreement.  We may make changes to this Agreement from time to time and may notify when such changes are made.

User Accounts and Sign-up

Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form.  Where required, YOURS.CO may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify YOURS.CO immediately of any unauthorized use of your account or any other breach of security. YOURS.CO will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by YOURS.CO or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. YOURS.CO has the sole discretion in granting or denying any accounts.

What this means:  You must create a user account before using the Platform.  You must provide accurate information when registering
and are responsible for all actions that take place on your account.  Companies may also register for the Platform.

Description of Service Provided by the Platform

The YOURS.CO Platform allows us to professionally edit the videos on your mobile device into beautiful magical movies (“Magic Movie(s)”). Along with your Magic Movie(s), Yours.co will also provide you with an archive of your photos and videos on an archival MDISC each quarter. Users may sign up and sync their third party cloud storage account, where we will create a video and photo file backup through the subscription service offered by our Platform.  Once you have properly signed up and paid for access to the Platform, YOURS.CO will send you, on a quarterly basis, an MDISC that contains your Magic Movie(s) and an archive of your videos and/or photos. You may cancel your subscription to the Platform at any time.

What this means:  Our Platform provides one or more “Magic Movies” and an archive of the videos and photos taken from your mobile device on a subscription basis (currently every quarter). The movies, videos and photos are also archives of the content and data you have stored on your third party cloud storage account.

Privacy

Please read YOURS.CO’s Privacy Policy for more information regarding the collection and use of your information.

What this means:  Please visit our Privacy Policy for questions regarding user privacy.

Access to the Platform

After properly registering for the Platform and paying any fees required to access the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us.  As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us.  All rights not explicitly granted are reserved for YOURS.CO.
You agree to abide by the following restrictions listed below:

      • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
      • You may not share your access with any other parties unless permitted by us in writing.
      • You may not violate any laws, rules or procedures of the United States.
      • You may not violate any of our additional policies.
      • You may not use our Platform except through specific channels provided by us.
      • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
      • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.
      • You may not use the service to archive more data than your cloud data plan allows.

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion.  Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed YOURS.CO or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.

What this means:  After paying for our Platform you’ll have the right to access the Platform in the manner permitted by us.  When
accessing the Platform, you agree to abide by the restrictions listed above.  Failure to do so may result in the termination of your access to our Platform.

User Content

Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “Content” throughout this Agreement.  Please be aware that we have no responsibility for this Content and you represent and warrant that you fully own or have licensed all such Content.  We reserve the right to remove, delete, modify, or reject any Content at any time.

When you submit any Content to us, you grant YOURS.CO, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content.  It is important for you to grant us this license so that the Platform may function properly and so that we may provide you with our services. Your Content shall only be used to create your Magic Movie(s) and will not be shared with other users or used for other purposes. Please be aware that once your Content has been created and archived onto your MDISC, such Content shall be deleted in a timely manner and will no longer be stored on the YOURS.CO Platform.

Certain types of content may be made available through the Platform, including edited and/or summarized videos. In addition, YOURS.CO‘s website may contain blogs and forums to which we may allow you, at our sole discretion, to post Content. “Content” as used in these Terms and Conditions means, collectively, all content on or made available on the Platform (whether to the general public or to individual persons) including but not limited to any edited and summarized videos, music clips or any conversations or pictures available on the Platform, including any statements or other material made available on any blog or forum available through the Platform.

We reserve the right to remove and permanently delete any Content, including any edited or summarized videos of any user, without notice, including without limitation any Content that is in the sole discretion of YOURS.co, obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your video. You should have no expectation that any edited or summarized videos will always be available through the Platform. Do not rely upon the site, the Platform and/or the Applications as a storage space for your content.

You hereby grant YOURS.CO a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty- free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify and create derivative works of any Content or part of any Content you submit and grant sublicenses of the foregoing rights. You hereby represent, warrant and covenant that you have all right, title and interest in and to the Content you make available on the Platform and that any Content you submit does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein.

You acknowledge that YOURS.CO has the right to pre-screen any Content submitted by you, but has no obligation to do so. At our sole discretion, any Content submitted by you may be included in the Platform in whole or in part in a modified form. In addition, YOURS.CO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Platform that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.

We may allow you to forward, post, embed or email any Content (or links to such Content). In addition, we may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party websites and Platform in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, post or otherwise distribute any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content that would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. YOURS.CO cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify YOURS.COfor any breach of the terms set forth in this paragraph.

What this means:  You may submit Content through the Platform.  You grant us a license to use your Content so that we may provide you with our services including your Magic Movie(s) on an archival MDISC.  All Content, except metadata and archive index data used to provide you with our services, will be deleted in a timely manner once we have created your Magic Movie(s).

User Submissions

You are solely responsible for Submissions you post or transmit to the Platform. “Submissions” is defined as anything a user transmits to the Platform or to another in the course of using the Platform, including without limitation any raw video or audio material. Submissions may include special categories of data (“Sensitive Data”). You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions. You represent and warrant that you are the owner of all Submissions and have all legal right and authority to grant the YOURS.CO the license set forth herein and you expressly represent and warrant that you have obtained any and all right to provide us with such Sensitive Data for the purpose of processing such Sensitive Data in accordance with these Terms and our Privacy Notice and that you have obtained consent, in accordance with applicable law, from any data subject whose data, including Personal Information and Sensitive Data is included in the Submissions. You further represent and warrant that with respect to any Submission, all necessary licenses, permissions, releases and consents (including, without limitation, trademark licenses, audio rights, or privacy/publicity releases for Submissions depicting people, products, businesses, or other content) have been obtained by you. In addition, you represent and warrant that no Submission infringes the intellectual property rights or moral rights of any third party or violates any applicable law. YOURS.CO reserves the right, at its sole discretion, to remove any Submissions or delete an account that may violate these Terms at any time, without obtaining prior permission of its users. YOURS.CO does not pre-screen Submissions but reserves the right to delete Submissions that violate these Terms.

YOURS.CO does not claim ownership of your Submissions. However, by sending any Submissions you automatically grant YOURS.CO a worldwide, non-exclusive, royalty-free, sublicensable and transferable perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record, perform, display and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created, including without limitation, for the purpose of improving and/or commercially promoting YOURS.CO and/or the Platform. Subject to the terms specified in our Privacy Notice, YOURS.CO may retain any raw audio or video material that you submit, and make internal use of such material including for testing purposes. You may request that YOURS.CO delete and make no further use of such material by contacting us at [email protected].

Without limiting the foregoing, you agree that you will not use the Platform in any manner or transmit any Submission that:

Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or Restricts or inhibits use of the Site and/or the Application; Uses any account or password without prior permission; Obtains or solicits another person’s password or other personal information under false pretenses; Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise; Violates the legal rights of others, including defaming, abuse, stalking or threatening users; Infringes (or results in the infringement of) YOURS.CO’s or any third party’s intellectual property rights, moral rights, or other rights; Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause YOURS.CO to be in violation of any law, ordinance, rule, regulation or treaty, or to infringe any right of any third party; Publishes falsehoods or misrepresentations that may damage YOURS.CO or any third party; Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Platform; Disrupts, interferes or harms the Platform, servers or networks; or Imposes an unreasonably or disproportionately large load on our infrastructure.

In addition, you may not use the Platform to post, store, or transmit advertising, promotional material, or solicitations of goods or Platform, except in areas of the Platform designated for the purpose, such as those designated for Commercial Users.

Platform Availability and Modification

Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  We make no availability guarantees.  We reserve the right to alter, modify, update, or remove our Platform at any time.  We may conduct such modifications
to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.

What this means:  We may modify our Platform from time to time and at times our Platform may be inaccessible.

Your Conduct While Using The Platform

When accessing or using our Platform, you are solely responsible for your use and for any use of the YOURS.CO Platform made using your account.  You agree to abide by the following rules of conduct:

        • You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
        • You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
        • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
        • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
        • You agree not to use the Platform to stalk, harass, bully or harm another individual;
        • You agree that you will not hold YOURS.CO responsible for your use of the Platform;
        • You agree not to violate any requirements, procedures, policies or regulations of networks connected to YOURS.CO;
        • You agree not to interfere with or disrupt the Platform;
        • You agree to not violate any U.S. federal or state laws  while using the Platform; and
        • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm YOURS.CO’s Platform or business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but YOURS.CO reserves the right to suspend or terminate any account at any time without notice or explanation. 

What this means: There are a number of rules you must follow while using our Platform. 

Third Party Services and Data Migration Issues

You acknowledge that the Platform interact with third party services including hosting, which comprises both servers and telecommunications services, and that certain uses of the capabilities offered by such third parties may render the Platform inaccessible or may impair the performance of the Platform for you. You agree that YOURS.CO is not responsible for any loss, including losses of any Content due to any third party services that host the Platform.  Additionally, YOURS.CO may be required to interact with other independent third party services in order to provide you with your Magic Movie(s).  You agree that YOURS.CO is not responsible for any loss, including losses of any Content due to any third party services that YOURS.CO must interact with. You will immediately notify YOURS.CO of any problems or issues with the Platform.

You understand that we cannot guarantee that our Platform or any archival discs containing your Magic Movie(s) are error-free and that YOURS.CO cannot be responsible for any interruption or error due to data migration or data transmission issues.  Additionally, YOURS.CO cannot be responsible for any transmission issues related to any third party services.

What this means:  Please be aware that there may be transmission or data migration issues related to any third party services that we employ. 

Platform and Archive Discs Disclaimer

Please be aware that our Platform and the Magic Movie(s) subscription service provided on MDISC are offered on an “as-is” basis. The Platform and Magic Movie(s) subscription service offered are not fail-safe and are not designed or intended for use in situations requiring fail-safe, error-free, or interruption-free performance which could lead to severe injury to business, people, property, or the environment (“Dangerous Activities”). These Dangerous Activities may include, without limitation, vital business operations, personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from the Dangerous Activities and you expressly release us from any liability related to such Dangerous Activities. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform or your use of the Magic Movie(s) subscription service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your Content; failure of any data transmission or data migration; failure of a communications satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

What this means:  The Platform and the Magic Movie subscription service are offered as is.  We cannot be responsible for your use
of the discs once they are in your possession.

Payments

In order to use and access portions of the Platform, you may be required to pay a monthly fee including a setup fee or an annual fee as listed on the Platform.   You agree to pay the fee listed on the Platform upon sign-up.  If you have signed up for automatic billing, YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED
BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY.  Your credit card information or other payment method will be shared with our third party payment processor.  By paying for anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. Please be aware that
we may increase the cost for accessing the Platform at our discretion. For any price increases you will be notified via your account dashboard or by email.  In order to continue using the Platform, you will be required to accept any such price increases.

What this means:  You will be required to pay a monthly or annual fee to use the Platform.  You agree to all recurring fees and
in the event that prices are increased you must agree to such price increases.

Shipping of Magic Movies

After you have properly paid to use our Platform, YOURS.CO will ship your Magic Movie(s) on an archival MDISC. Shipping is available for the U.S. and other locations as listed. As we do not transport the products we cannot guarantee shipping times. We recommend that you check your MDISC that contain your Magic Movie(s) immediately once you have received them.  If you have any issues with your shipment or if your Magic Movie does not arrive within 10 business days please contact us at [email protected]

Risk of Loss

All Magic Movies shipped through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.

What this means:  YOURS.CO will ship you your MDISC containing your Magic Movie(s).  We are not responsible
for any discs once they have been delivered to the shipment provider.

Termination

You may cancel your membership at any time via your account dashboard or contacting us at [email protected] Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled.  Upon
termination you will not be entitled to any refunds or proration of any subscription fees paid except as stated in this Agreement.  We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if your account has remained inactive for a period time or if you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm YOURS.CO, at our sole decision or discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

What this means:  You may terminate your account at any time.  YOURS.CO may terminate your account for the reasons listed above.

Refunds

At YOURS.CO we want you to be satisfied with our services offered.   For users who have paid a quarterly or annual fee we will pro-rate and refund the amounts paid to you for all months remaining minus a setup and cancellation fee.  If you wish to dispute a charge or have an issue with any account billing, please contact us at [email protected]

What this means:  Refunds are available for subscriptions minus setup costs and cancellation fees.

Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases.  Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.  In the event we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments. 

What this means:  You agree to pay all taxes related to your use of the Platform.

Idea Submission

YOURS.CO or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to YOURS.CO. The sole purpose of this policy is to avoid potential misunderstandings or disputes when YOURS.CO’s products might seem similar to ideas you submitted to YOURS.CO. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of YOURS.CO, without any compensation to you; (2) YOURS.CO may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for YOURS.CO to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

What this means:  We do not solicit idea submissions.  If you submit an idea to us you agree that any such Submissions shall become
the property of YOURS.CO.

Intellectual Property

The name “YOURS.CO,” the design of the YOURS.CO Platform along with YOURS.CO created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to YOURS.CO.  The Marks are subject to copyright and other intellectual property rights under U.S. laws and international conventions. YOURS.CO reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.  All rights not explicitly granted are hereby reserved.

What this means:  The YOURS.CO name, design, and Platform are protected by copyrights and other intellectual property rights.  We
reserve all rights not explicitly granted.

Representations and Warranties

THE PLATFORM AND THE ARCHIVE DISCS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER YOURS.CO, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) THE ARCHIVE DISCS OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO YOURS.CO OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

YOURS.CO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. YOURS.CO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOURS.CO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND YOURS.CO SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

What this means:  Except as otherwise provided, the Platform and the Archive Disc(s) are provided as is and without any warranties or representations.

Limitation of Liability

IN NO EVENT SHALL YOURS.CO,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM OR ANY ARCHIVE DISCS, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR THE ARCHIVE DISCS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by YOURS.CO’s negligence or that of any of its officers, employees or agents (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

What this means: We cannot be liable for any damages you experience from our Platform and we must limit our liability in order to provide the Platform to you.  Please read the whole section as the provisions may affect your rights.

Indemnity

You agree to defend, indemnify and hold harmless YOURS.CO, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

      • your use of and access to the YOURS.CO Platform;
      • your violation of any term of this Agreement; and
      • any claim that your use of the Platform harmed a third party.

This defense and indemnification obligation will survive this Agreement and your use of the YOURS.CO Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

What this means: You agree to indemnify us for your use of the Platform and for any claims that your actions harmed a third party.

Copyrights

We take copyright infringement very seriously.  If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

      • Your name.
      • The name of the party whose copyright has been infringed, if different from your name.
      • The name and description of the work that is being infringed.
      • The location on our Platform of the infringing copy.
      • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
      • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of YOURS.CO, [email protected]

What this means: We take copyright infringement seriously, if you believe your copyrights have been infringed upon please follow the procedures listed.

Age Compliance

YOURS.CO and its Platform is intended to be used by persons 18 years and older. As an adult user of the Platform or any of the services, you, as parent or guardian for any child under the age of 13 who you expressly allow to uses the Platform, will be held liable and strictly responsible for monitoring the child’s activity on the Service.

What this means:  This service is intended for persons 18 years of age or older.

Choice of Law

This Agreement shall be governed by the laws in force in the state of Utah.  The offer and acceptance of this contract is deemed to have occurred in Utah.

What this means:  This Agreement is governed by the state and federal laws in force in the state of Utah.

Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Utah County, UT. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Utah County, UT.

What this means:  You agree that any dispute between you and YOURS.CO shall be resolved by arbitration within Utah County, UT.

Class Action

You and YOURS.CO agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

What this means:  You and YOURS.CO agree that no class claims may be brought against the other party.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

What this means:  We are not responsible for any events beyond our control while providing the Platform to you.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with YOURS.CO are deemed to conflict with each other’s operation, you agree that YOURS.CO shall have the sole right to elect which provision remains in force. 

What this means:  Where any portion of this Agreement is unenforceable, that portion of the Agreement shall be severed.  Where two
portions of the Agreement conflict, YOURS.CO shall elect which portion of the Agreement remains in effect.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

What this means:  Where we fail to enforce any portion of this Agreement, such failure does not act as a waiver of your conduct.

Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

What this means:  All provisions of this Agreement that should survive termination of this Agreement shall survive termination.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

What this means:  You may not assign any of your rights under this Agreement.

Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

What this means:  When we make amendments to this Agreement, you must agree to the amendments in order to continue using our Platform.

Third Party Websites

Our Platform may have links to third party websites.  Generally, most third party websites are safe; however, we do not edit, endorse, screen, monitor or control these websites.  Please exercise caution when visiting a third party site.

What this means: Third party links may be accessible through our Platform, please use caution when visiting any third party sites.

What This Means Sections

The “What this means” clarifiers are only intended to help assist in the readability of this Agreement.  The “What this means” provisions are not part of the Agreement,
are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either party.

What this means:  The “What this means” sections are not part of the Agreement and are only to assist you in understanding the provisions contained within this Agreement.

California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about YOURS.CO must be sent to our agent for notice to:  [email protected]

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

What this means:  California users may be entitled to additional information regarding our company and Platform.

Electronic Communications

The communications between you and YOURS.CO use electronic means, whether you visit the Platform or send YOURS.CO e-mails, or whether YOURS.CO posts notices on the Platform or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from YOURS.CO in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that YOURS.CO provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

What this means:  You agree that all electronic communications and consents have the same binding effect as physical written documents.