Welcome to younity. These Terms of Service (the “Terms”) are a binding legal agreement between you and Entangled Media Corp. (“Entangled Media” “we” or “us"), regarding your use of the younity software program (the “Software”) that you are installing on your device(s) and the services available through the Software, on our website at getyounity.com or any of the other websites, networks, mobile applications, features or services operated by us (collectively, the “Service”). Please read these Terms carefully.
BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON.
In order to use the Service, you must be the age of majority in your jurisdiction (which is 18 years of age in most locations in the United States) and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN THIS SECTION. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13.
If you are using the Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you: (a) are an authorized representative of that organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such organization.
To use many features of the Service, you must register by creating an account with us and pay any and all applicable fees. When you register, you agree to (a) provide true, accurate, current and complete information, including without limitation any necessary payment processing information, as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information true, accurate, current, and complete. In the case of a Subscribing Organization, your password should only be shared with those employees of the Subscribing Organization that have a need to access and use the Service on the Subscribing Organization’s behalf.
You (or your Subscribing Organization, as applicable) are entirely responsible for any and all activity that occurs on or in association with your account. Although Entangled Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Entangled Media or others due to such unauthorized use. Please notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org.
You may terminate your account at any time, for any reason, by unregistering all devices registered to your account and then uninstalling the Software on all your devices. If your account has a paid level of service, you must cancel your paid subscription via the appropriate subscription venue by which you subscribed, such as within the service, company website, Google Play Store, Apple App Store or other relevant subscription venue. We reserve the right to terminate or disable your account without prior notice and in our sole discretion. You will remain bound by these Terms even after your account is terminated. Upon any termination of your account or level of paid service, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination, including any outstanding subscription fees, for the remaining portion of your subscription term (daily, monthly, annual, etc.) until the following renewal date. Termination does not give rise to any right of refund.
Subject to your acceptance of, and ongoing compliance with, these Terms, including payment of any applicable license fees and compliance with all license restrictions, and all applicable laws, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software on any computer, tablet, smartphone, mobile device, or other applicable device that you own or control for your personal use and not for resale or further distribution, and, if applicable, as permitted by the Usage Rules set forth in any and all mobile application stores, including the Google Play Store, Android Marketplace and the Apple App Store, Terms and Conditions. Your right to use the Software is limited by the terms set forth in these Terms. Except for this license granted to you, we retain all right, title, and interest in and to the Software and the Service, including all related intellectual property rights. The Service, including the Software, is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, redistribute, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software or the Service; (b) rent, sell, lend, lease, or sublicense access to the Software or the Service; nor (c) circumvent or disable any security or technological features or measures of the Software or the Service.
These Terms will govern any upgrades provided by us that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case that license will govern.
We do not provide you with the equipment or means to access the Service. You are solely responsible for all fees charged by third parties to access the Service (e.g., mobile data plans, charges by internet service providers or other similar fees).
By using the Service, you are appointing Entangled Media to be your agent and authorizing us to store access credentials for third party web sites that you may provide to us, and to act on your behalf to access and interact with such third party web sites at (using stored access credentials, where applicable).
The Service allows you to retrieve, process and/or access information using the Service, including media, text, audio and video recordings, photos, graphics, commentary or any other content (“Content”). You are the owner of your Content and are solely responsible for your conduct and the content of your Content, and you are solely responsible for the consequences of accessing, retrieving, modifying, deleting or making available such Content as well as any of the content contained in your communications with other users of the Service. You are solely responsible for maintaining and protecting all data and information that you access, retrieve or make available, or that is otherwise transmitted, through the Service. In connection with Content, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to enable use of the Content in the manner contemplated by the Service and these Terms, and (ii) your use or making available of the Content on or through the Service does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, or (C) violate any applicable law or regulation. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Content accessed, retrieved, made available or that is otherwise processed, by you on or through the Service.
Content is not controlled by Entangled Media, and we do not guarantee the accuracy, integrity or quality of Content. We make no representations that your Content will remain accessible via the Service in any way and may terminate your access to the Service in our sole discretion. WE STRONGLY SUGGEST THAT YOU BACK UP ALL OF YOUR CONTENT TO PREVENT DATA LOSS. YOU UNDERSTAND THAT ENTANGLED MEDIA DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY CONTENT. If at any time we choose, in our sole discretion, to monitor Content, we nonetheless assume no responsibility for Content and no obligation to modify or remove any inappropriate Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Content.
The Service is controlled and hosted in the United States of America. You must comply with all applicable laws, including U.S. export control laws, when using the Service. Entangled Media makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with all applicable local laws. Except as may be expressly permitted by applicable law or authorized by the applicable holder of intellectual property rights to any of the content made available on the Service, you will not: (a) use the Service for any commercial purpose; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) bypass or circumvent other measures employed to prevent or limit access to the Service; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) "frame", "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; (f) rent, lease, or sublicense your access to the Service to another person; (g) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service; (i) upload, post, or make available any content you do not own or have the legal right to upload, post, or make available; (j) impersonate another person or entity, or access another user's account without that user's permission; (k) misrepresent the source, identity, or content of information transmitted via the Service; (l) share your passwords with any third party or encourage any other user to do so; (m) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or (n) harm Entangled Media or third parties in any way.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of Entangled Media, or its stockholders, directors, officers, or employees. Entangled Media does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Entangled Media, its stockholders, directors, officers or employees be held liable for any loss or damage caused by your use of the Service or reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any Content, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.
All fees relating to the Service, including any fees charged for access to the Service, are final and nonrefundable. Entangled Media accepts payments through payment methods detailed on the applicable payment screen, which may include PayPal, app stores and certain credit cards. Charges occur at the time of purchase or shortly thereafter; in the case of subscription fees, charges occur on the first day of the month for which the charge applies or on the appropriate renewal date based upon the start date of the subscription. We do not accept payment forms other than those specified on the applicable payment screen. If you are registered for a subscription to the Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify us if the selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account). You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. To the extent we are obligated to collect such taxes, the applicable tax will be added to your billing account. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO US WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
You agree that we are free to use any comments, suggestions, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including, without limitation, responses to questionnaires or emails to us, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. Furthermore, by submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such Feedback in any media, software, or technology of any kind now existing or developed in the future. By providing Feedback, you represent and warrant that: (i) you own all right title and interest in the Feedback or otherwise have the right to grant the license set forth herein, and (ii) your Feedback does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted or displayed on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide, the following information in writing required by the Digital Millennium Copyright Act: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service (including the URL of the location or other applicable identifying information where the copyrighted work exists or a copy of the copyrighted work); (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boulder, CO, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Entangled Media Corp.
Attention: Erik Caso
687 S. Coast Highway 101, Suite 239, Encinitas, CA, 92024
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other aspects and elements of the Service (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your Feedback, all Materials, including all intellectual property rights therein, belong to Entangled Media or its affiliates and/or third party licensors. All trademarks, service marks, and trade names, including but not limited to Entangled Media, younity, getyounity.com and the younity logo, are proprietary to Entangled Media or its affiliates and/or third party licensors. Except as expressly authorized by Entangled Media, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Service may contain links to third party websites, applications, products, services, or software, solely as a convenience to users (collectively, "Third-Party Services"). We do not monitor, endorse, or adopt, or exercise any control over, any Third-Party Services. We undertake no responsibility to review any Third Party Services and are not responsible or liable for any performance, content, or advertising in Third-Party Services.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Service provider to which you navigate from the Service. You access and use Third-Party Services at your own risk. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Services.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Service is solely between you and such third party. YOU AGREE THAT ENTANGLED MEDIA WILL 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 ON THE SERVICE.
When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
You will defend, indemnify and hold harmless Entangled Media, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENTANGLED MEDIA AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY CONTENT AVAILABLE ON AND THROUGH THE SERVICE, AND YOU RELY ON THE SERVICE AND SUCH CONTENT AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED, STORED OR OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMARTPHONE, MOBILE DEVICE, TABLET OR OTHER DEVICE, OR LOSS, CORRUPTION OR DESTRUCTION OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENTANGLED MEDIA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENTANGLED MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ENTANGLED MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ENTANGLED MEDIA’S MAXIMUM TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Software and the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. We will not be liable to you or to any third party for any modification, discontinuance, or restriction of the Service. We reserve the right, at any time, to change or impose fees for access to and use of the Service.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of California, excluding its conflict and choice of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and Entangled Media concerning the Service. These Terms supersede all prior agreements or communications between you and Entangled Media regarding the subject matter of these Terms.
The Terms are between you and Entangled Media only, not with Apple, and Apple is not responsible for Entangled Media’s iPhone, iPod Touch, iPad or other iOS applications (collectively, the “App”) and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price, if any, for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions or concerns about the Service, or these Terms, you may contact us through our website by email@example.com or write us at:
Entangled Media Corp.
687 S. Coast Highway 101
Encinitas, CA, 92024