The words of which the initial letter iscapitalized have meanings defined under the following conditions. The followingdefinitions shall have the same meaning regardless of whether they appear insingular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls,is controlled by or is under common control with a party, where"control" means ownership of 50% or more of the shares, equityinterest or other securities entitled to vote for election of directors orother managing authority.
Account means a unique account createdfor You to access our Service or parts of our Service.
Country refers to: California, UnitedStates
Company (referred to as either "theCompany", "We", "Us" or "Our" in thisAgreement) refers to YouShd Inc., 777 Hamilton Ave, Apt G301, Menlo Park, CA94025.
Content refers to content such as text,images, or other information that can be posted, uploaded, linked to orotherwise made available by You, regardless of the form of that content.
Device means any device that can accessthe Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations orsuggestions sent by You regarding the attributes, performance or features ofour Service.
Free Trial refers to a limited period oftime that may be free when purchasing a Subscription.
Promotions refer to contests,sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services oraccess to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as"Terms") mean these Terms and Conditions that form the entireagreement between You and the Company regarding the use of the Service.
Third-party Social Media Service meansany services or content (including data, information, products or services)provided by a third-party that may be displayed, included or made available bythe Service.
Website refers to YouShd, accessiblefrom www.youshd.com
You means the individual accessing orusing the Service, or the company, or other legal entity on behalf of whichsuch individual is accessing or using the Service, as applicable.
These are the Terms and Conditionsgoverning the use of this Service and the agreement that operates between Youand the Company. These Terms and Conditions set out the rights and obligationsof all users regarding the use of the Service.
Your access to and use of the Service isconditioned on Your acceptance of and compliance with these Terms andConditions. These Terms and Conditions apply to all visitors, users and otherswho access or use the Service.
By accessing or using the Service You agreeto be bound by these Terms and Conditions. If You disagree with any part ofthese Terms and Conditions then You may not access the Service.
You represent that you are over the age of18. The Company does not permit those under 18 to use the Service.
The Service or some parts of the Serviceare available only with a paid Subscription. You will be billed in advance on arecurring and periodic basis (such as daily, weekly, monthly or annually),depending on the type of Subscription plan you select when purchasing theSubscription.
At the end of each period, YourSubscription will automatically renew under the exact same conditions unlessYou cancel it or the Company cancels it.
You may cancel Your Subscription renewaleither through Your Account settings page or by contacting the Company. Youwill not receive a refund for the fees You already paid for Your currentSubscription period and You will be able to access the Service until the end ofYour current Subscription period.
You shall provide the Company with accurateand complete billing information including full name, address, state, zip code,telephone number, and a valid payment method information.
Should automatic billing fail to occur forany reason, the Company will issue an electronic invoice indicating that youmust proceed manually, within a certain deadline date, with the full paymentcorresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and atany time, may modify the Subscription fees. Any Subscription fee change willbecome effective at the end of the then-current Subscription period.
The Company will provide You withreasonable prior notice of any change in Subscription fees to give You anopportunity to terminate Your Subscription before such change becomeseffective.
Your continued use of the Service after theSubscription fee change comes into effect constitutes Your agreement to pay themodified Subscription fee amount.
Except when required by law, paidSubscription fees are non-refundable.
Certain refund requests for Subscriptionsmay be considered by the Company on a case-by-case basis and granted at thesole discretion of the Company.
The Company may, at its sole discretion,offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billinginformation in order to sign up for the Free Trial.
If You do enter Your billing informationwhen signing up for a Free Trial, You will not be charged by the Company untilthe Free Trial has expired. On the last day of the Free Trial period, unlessYou cancelled Your Subscription, You will be automatically charged theapplicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Companyreserves the right to (i) modify the terms and conditions of the Free Trialoffer, or (ii) cancel such Free Trial offer.
Any Promotions made available through theService may be governed by rules that are separate from these Terms.
When You create an account with Us, Youmust provide Us information that is accurate, complete, and current at alltimes. Failure to do so constitutes a breach of the Terms, which may result inimmediate termination of Your account on Our Service.
You are responsible for safeguarding thepassword that You use to access the Service and for any activities or actionsunder Your password, whether Your password is with Our Service or a Third-PartySocial Media Service.
You agree not to disclose Your password toany third party. You must notify Us immediately upon becoming aware of anybreach of security or unauthorized use of Your account.
You may not use as a username the name ofanother person or entity or that is not lawfully available for use, a name ortrademark that is subject to any rights of another person or entity other thanYou without appropriate authorization, or a name that is otherwise offensive,vulgar or obscene.
Our Service allows You to post Content. Youare responsible for the Content that You post to the Service, including itslegality, reliability, and appropriateness.
By posting Content to the Service, Yougrant Us the right and license to use, modify, publicly perform, publiclydisplay, reproduce, and distribute such Content on and through the Service. Youretain any and all of Your rights to any Content You submit, post or display onor through the Service and You are responsible for protecting those rights. Youagree that this license includes the right for Us to make Your Contentavailable to other users of the Service, who may also use Your Content subjectto these Terms.
You represent and warrant that: (i) theContent is Yours (You own it) or You have the right to use it and grant Us therights and license as provided in these Terms, and (ii) the posting of YourContent on or through the Service does not violate the privacy rights,publicity rights, copyrights, contract rights or any other rights of anyperson.
The Company is not responsible for thecontent of the Service's users. You expressly understand and agree that You aresolely responsible for the Content and for all activity that occurs under youraccount, whether done so by You or any third person using Your account.
You may not transmit any Content that isunlawful, offensive, upsetting, intended to disgust, threatening, libelous,defamatory, obscene or otherwise objectionable. Examples of such objectionableContent include, but are not limited to, the following:
The Company reserves the right, but not theobligation, to, in its sole discretion, determine whether or not any Content isappropriate and complies with this Terms, refuse or remove this Content. TheCompany further reserves the right to make formatting and edits and change themanner of any Content. The Company can also limit or revoke the use of theService if You post such objectionable Content. As the Company cannot controlall content posted by users and/or third parties on the Service, you agree touse the Service at your own risk. You understand that by using the Service Youmay be exposed to content that You may find offensive, indecent, incorrect orobjectionable, and You agree that under no circumstances will the Company beliable in any way for any content, including any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of your use ofany content.
Although regular backups of Content areperformed, the Company does not guarantee there will be no loss or corruptionof data.
Corrupt or invalid backup points may becaused by, without limitation, Content that is corrupted prior to being backedup or that changes during the time a backup is performed.
The Company will provide support andattempt to troubleshoot any known or discovered issues that may affect thebackups of Content. But You acknowledge that the Company has no liabilityrelated to the integrity of Content or the failure to successfully restoreContent to a usable state.
You agree to maintain a complete andaccurate copy of any Content in a location independent of the Service.
We respect the intellectual property rightsof others. It is Our policy to respond to any claim that Content posted on theService infringes a copyright or other intellectual property infringement of anyperson.
If You are a copyright owner, or authorizedon behalf of one, and You believe that the copyrighted work has been copied ina way that constitutes copyright infringement that is taking place through theService, You must submit Your notice in writing to the attention of ourcopyright agent via email at [email protected] and include in Your notice adetailed description of the alleged infringement.
You may be held accountable for damages(including costs and attorneys' fees) for misrepresenting that any Content isinfringing Your copyright.
You may submit a notification pursuant tothe Digital Millennium Copyright Act (DMCA) by providing our Copyright Agentwith the following information in writing (see 17 U.S.C 512(c)(3) for furtherdetail):
You can contact our copyright agent viaemail at [email protected]. Upon receipt of a notification, the Company willtake whatever action, in its sole discretion, it deems appropriate, includingremoval of the challenged content from the Service.
The Service and its original content(excluding Content provided by You or other users), features and functionalityare and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright,trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not beused in connection with any product or service without the prior writtenconsent of the Company.
You assign all rights, title and interestin any Feedback You provide the Company. If for any reason such assignment isineffective, You agree to grant the Company a non-exclusive, perpetual,irrevocable, royalty free, worldwide right and license to use, reproduce,disclose, sub-license, distribute, modify and exploit such Feedback withoutrestriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever , including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100USD if You haven't purchased anything through the Service.
To the maximum extent permitted byapplicable law, in no event shall the Company or its suppliers be liable forany special, incidental, indirect, or consequential damages whatsoever(including, but not limited to, damages for loss of profits, loss of data orother information, for business interruption, for personal injury, loss ofprivacy arising out of or in any way related to the use of or inability to usethe Service, third-party software and/or third-party hardware used with theService, or otherwise in connection with any provision of this Terms), even ifthe Company or any supplier has been advised of the possibility of such damagesand even if the remedy fails of its essential purpose.
Some states do not allow the exclusion ofimplied warranties or limitation of liability for incidental or consequentialdamages, which means that some of the above limitations may not apply. In thesestates, each party's liability will be limited to the greatest extent permittedby law.
The Service is provided to You "ASIS" and "AS AVAILABLE" and with all faults and defects withoutwarranty of any kind. To the maximum extent permitted under applicable law, theCompany, on its own behalf and on behalf of its Affiliates and its and theirrespective licensors and service providers, expressly disclaims all warranties,whether express, implied, statutory or otherwise, with respect to the Service,including all implied warranties of merchantability, fitness for a particularpurpose, title and non-infringement, and warranties that may arise out ofcourse of dealing, course of performance, usage or trade practice. Withoutlimitation to the foregoing, the Company provides no warranty or undertaking,and makes no representation of any kind that the Service will meet Yourrequirements, achieve any intended results, be compatible or work with anyother software, applications, systems or services, operate withoutinterruption, meet any performance or reliability standards or be error free orthat any errors or defects can or will be corrected.
Without limiting the foregoing, neither theCompany nor any of the company's provider makes any representation or warrantyof any kind, express or implied: (i) as to the operation or availability of theService, or the information, content, and materials or products includedthereon; (ii) that the Service will be uninterrupted or error-free; (iii) as tothe accuracy, reliability, or currency of any information or content providedthrough the Service; or (iv) that the Service, its servers, the content, ore-mails sent from or on behalf of the Company are free of viruses, scripts,trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow theexclusion of certain types of warranties or limitations on applicable statutoryrights of a consumer, so some or all of the above exclusions and limitationsmay not apply to You. But in such a case the exclusions and limitations setforth in this section shall be applied to the greatest extent enforceable underapplicable law.
The laws of the Country, excluding itsconflicts of law rules, shall govern this Terms and Your use of the Service.Your use of the Application may also be subject to other local, state,national, or international laws.
If You have any concern or dispute aboutthe Service, You agree to first try to resolve the dispute informally bycontacting the Company.
If You are a European Union consumer, youwill benefit from any mandatory provisions of the law of the country in whichyou are resident in.
If You are a U.S. federal government enduser, our Service is a "Commercial Item" as that term is defined at48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You arenot located in a country that is subject to the United States governmentembargo, or that has been designated by the United States government as a"terrorist supporting" country, and (ii) You are not listed on anyUnited States government list of prohibited or restricted parties.
If any provision of these Terms is held tobe unenforceable or invalid, such provision will be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possibleunder applicable law and the remaining provisions will continue in full forceand effect.
Except as provided herein, the failure toexercise a right or to require performance of an obligation under these Termsshall not effect a party's ability to exercise such right or require suchperformance at any time thereafter nor shall the waiver of a breach constitutea waiver of any subsequent breach.
These Terms and Conditions may have beentranslated if We have made them available to You on our Service. You agree thatthe original English text shall prevail in the case of a dispute.
We reserve the right, at Our solediscretion, to modify or replace these Terms at any time. If a revision ismaterial We will make reasonable efforts to provide at least 30 days' noticeprior to any new terms taking effect. What constitutes a material change willbe determined at Our sole discretion.
By continuing to access or use Our Serviceafter those revisions become effective, You agree to be bound by the revisedterms. If You do not agree to the new terms, in whole or in part, please stopusing the website and the Service.
If you have any questions about these Termsand Conditions, You can contact us:
By email: [email protected]