Terms of Service

Updated May 01, 2020

Welcome to youtria.com. These terms and conditions outline the rules and regulations for the use of Youtria’s Services, Products and Website, located at www.youtria.com.

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Youtria, LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of Youtria’s Services, products and youtria.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. By accessing this website we assume you accept these terms and conditions. Do not continue to use Youtria.com if you do not agree to all of the terms and conditions stated on this page.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users, members and others which may interact or interface with Youtria, LLC also known as Youtria, located at 1100 Peachtree Street, Suite 200, Atlanta, GA 30309 and our subsidiaries and affiliates, in association with the use of the Youtria website, which includes www.youtria.com,  (the “Site”) and its Services, which shall be defined below.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You herein acknowledge, understand and agree that all of the Youtria, LLC trademarks, copyright, trade name, service marks and other Youtria, LLC logos and any brand features and/or product and service names are trademarks and as such, are and shall remain the property of Youtria, LLC. You herein agree not to display and/or use in any manner the Youtria, LLC logo or marks without obtaining Youtria, LLC’s prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

Youtria will always respect the intellectual property of others and we ask that all of our users do the same. With regards to appropriate circumstances and its sole discretion, Youtria, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a.) the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b.) a description of the copyrighted work or other intellectual property that you believe infringes upon your work;

c.) a description of the location of the site which you allege has been infringing upon work;

d.) your physical address, telephone number and email address;

e.) a statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f.)  and finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate  and that you are the copyright or intellectual property owner. Representative or agent authorized to act on the copyright or intellectual property’s owner behalf.

The Youtria LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Youtria, LLC

1100 Peachtree Road

Suite 200

Atlanta, Georgia 30309

Telephone: 770.679.6778

Email: admin@youtria.com

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Registration

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Youtria’s Services under the laws and statues of the United States or other applicable jurisdictions.

When you register, Youtria may collect information such as student name, email address, date of birth, mailing address and other personal information. You may edit your account information or contact information at any time. Once you register with Youtria and sign into our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a). furnish factual, correct, and complete information with regards to yourself as may be requested by the data registration process, and

b). maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If ainy knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Youtria, LLC. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Youtria, LLC. Services, or any portion thereof.

It is Youtria, LLC.’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Youtria website platform Services must create a “member” account, which will certify that the individual creating the “member” account is 18 years of age and as such, the parent or legal guardian of any child or children registered under the “member” account. As the creator of the “member” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided is age-appropriate for his/her child or children.

Termination

As a member of Youtria and www.youtria.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to admin@youtria.com.

As a member, you agree that Youtria, LLC may without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, and access to any of our Services. The cause for such termination, discontinue and/or limitation of access shall include, but not be limited to:

a.) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

b.) by way of requests from law enforcement or any other governmental agencies;

c.) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d.) unexpected technical or security issues and/or problems;

e.) any extended periods of inactivity

f.) any engagement by you in any fraudulent or illegal activities; and/or

g.) the nonpayment of any associated fees that may be owed by you in connection with Youtria or www.youtria.com account services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with Youtria and www.youtria.com shall include any and/or all the following:

a.) the removal of any access to all or part of the Services offered within Youtria and www.youtria.com

b.) the deletion of your password and any and all related information, files and any such content that may be associated with or inside your account, or any part thereof, and

c.) the barring of any further use of all or part of our Services

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or membership acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Youtria, LLC.  At its discretion, Youtria, LLC may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Youtria, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, you acknowledge, accept and agree that Youtria, LLC shall not be held liable for any such updates, modifications, revisions, suspension or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or the member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Youtria, LLC shall not assume any responsibility or obligation for the timelines, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Conduct

As a user or member of the Site, you herein acknowledge, understand and agree that all information text, software, data, photographs, music, video, messages, tags or any other content,  whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you solely responsible for any and all content posted, uploaded emailed, transmitted or otherwise made available by way of the Youtria Services, and as such, we do not guarantee the accuracy, integrity or quality of such content posted, and/or loss or damage of any kind incurred as result of the use of any content posted, emailed, transmitted or otherwise made available by Youtria.

Furthermore, herein agree not to make use of Youtria, LLC’s Services for the purpose of:

a). uploading, posting, emailing, transmitting or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically or otherwise objectionable;

b). causing harm to minors in any manner whatsoever;

c). impersonating any individual or entity, including but not limited to, any Youtria officials, forum leaders, instructors or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d). forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e). uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent,copyright, trademark, or any other proprietary or intellectual rights of any other party;

f). uploading, posting, emailing, transmitting or otherwise offering any such content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationships;

g). uploading, posting, emailing, transmitting or otherwise offering unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or another form of solicitation, except in any such areas that may have been designated for such purpose;

h). uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i). disrupting the normal flow of communication, or otherwise acting in a manner that would negatively affect users’ ability to participate in any real time interactions;

j). interfering with or disrupting any Youtria, LLC Services, server and.or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k). intentionally or unintentionally violating any local, state federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

m). “stalking” or with the intent to otherwise harass another individual; and/or

n). collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Youtria, LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Youtria, LLC herein reserves the right to access, preserve and.or disclose member account information and/or content if it is requested to do so by law or in good faith that any such action is deemed reasonably necessary for:

a). compliance with any legal process;

b). enforcement of TOS;

c). responding to any claim that therein contained content is in violation of the rights of any third party;

d). responding to requests for customer service; or

e). protecting the rights, property or the personal safety of Youtria, LLC, its visitors, users and members, including the general public.

Youtria, LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Youtria, LLC or any other content providers supplying content services to Youtria, LLC You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution or exhibition or any information or materials supplied by our Services, despite whether done so in whole or in part is expressly prohibited.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the Youtria, LLC Online Privacy Policy (see the full Privacy Policy at www.youtria.com/privacy-policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Youtria, LLC and/or our subsidiaries and affiliates.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Member Account, Usernames, Password & Security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify, Youtria, LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Youtria, LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

 

Release

In the event you have a dispute, you agree to release Youtria, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims. Demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a.) THE USE OF YOUTRIA, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. YOUTRIA, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND EHTHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.) YOUTRIA, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) YOUTRIA, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; ii) YOUTRIA, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE YOUTRIA, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS SERVICES ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF YOUTRIA, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d). NO ADVICE AND/OR INFORMATION, DESPITE, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM YOUTRIA, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e). A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPLILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES.  CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOMS IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPLILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUTRIA, LLC AND OURS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND.OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:

a.)  THE USE OR INABILITY TO USE OUR SERVICE;

b.) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c.) UNAUTHORIZED ACCESS TO OR THE ALTERATION OR YOUR TRANSMISSIONS AND/OR DATA

d.) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e.) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE

Commercial Reuse of Services

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial or industry reason any part, use of or access to Youtria’s sites.

Choice of Law & Forum

It is at the mutual agreement of both you and Youtria, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Youtria, LLC shall be file within the courts having jurisdiction within the County of Douglas, Georgia or the U.S. District Court located in said state. You and Youtria, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

Entire Agreement

This TOS constitutes the entire agreement between you and Youtria, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Youtria, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Youtria, LLC Services, affiliate Services, third-party content or third-party software.

Electronic Communications, Transactions & Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Cautions for Global Use and Export & Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statues and regulations, including, but not limited to, the Export Administration Regulations (http://www.acess.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a). are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) noe a member of any export-prohibited country identified in applicable export and import laws and regulations;

b). agree not to transfer any software, technology,  or any other technical data through the use of our network Services to any export-prohibited country;

c). agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses  that would be a violation of the U. S. export laws; and

d.) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U. S. or other applicable export and/or import laws.

Links

Either Youtria, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Youtria, LLC shall not be responsible, liable, directly or indirectly, for any such damage or loss which may result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Mailing Address:

Youtria, LLC.

1100 Peachtree Road

Suite 200

Atlanta, Georgia 30309

Telephone: 770.679.6778

Email: admin@youtria.com