Intellectual Property Rights
The content on the Site/app, except User Submissions and Postings, including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, online games, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yoursphere, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site/app is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Yoursphere reserves all rights not expressly granted in and to the Site/app and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
Eligibility, Accounts, Password, and Security
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Each Member may be asked to choose a password and a user name. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Yoursphere immediately of any unauthorized use of your account or any other breach of security. Yoursphere will not be liable for any loss that you may 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 Yoursphere 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.
For Members, the Site/app permits user submissions including videos, photographs, or other materials ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. By uploading or otherwise submitting any materials to us and/or the Site/app, you automatically grant (or warrant that the owner of such rights has expressly granted) to Yoursphere a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
You shall be solely responsible for, and assume all liability regarding your own User Submissions, the consequences of posting or publishing them, and your interaction with other Members through the Site/app. Also should your account be terminated, you will not be given back any of your membership fees, User Submissions, nor will you be given access to such User Submission.
Yoursphere does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Yoursphere expressly disclaims any and all liability in connection with User Submissions. Yoursphere does not permit copyright infringing activities or infringement of intellectual property rights on its Site/app, and Yoursphere will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Yoursphere reserves the right to remove Content and User Submissions without prior notice.
Message Boards/"Blogs"/"Postings"/Public Forums
The Forums and Postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. You specifically acknowledge that soliciting other Yoursphere's members to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other User Submissions of any kind or nature. Without limiting the foregoing, you hereby grant to Yoursphere the right to use and change the Postings in any manner that Yoursphere may determine.
Yoursphere does not allow, and you agree not to use this Site/app to:
We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content upload, post, email, transmit or otherwise made available on this Site/app that we deem may be in violation of these terms or any applicable law.
Notwithstanding the foregoing, Yoursphere is not required to host, index, or display any User Content uploaded or otherwise provided to Yoursphere, and may remove or refuse to host, index or display any User Content. Yoursphere is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.
By using this site/app, you agree to allow Yoursphere the right to use the information from you and your experiences through the Site/app to monitor, track and research ways to improving Yoursphere's services and community.
Disclaimer Regarding Third Party Games, Applications or services
Claims of Copyright Infringement
Yoursphere respects the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site/app are covered by a single notification, a representative list of such works at that site/app;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Yoursphere's designated copyright agent to receive notifications of claimed infringement is: Yoursphere Media, Inc., 231 G Street, Suite 25, Davis, CA 95616, email: copyright@Yoursphere.com, telephone: 888-905-9898, fax: 530-747-2444. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to Yoursphere's customer service through CustomerService@Yoursphere.com.
No Unlawful or Prohibited Use
Contests, Yoursphere Rewards, and Other Activities
Yoursphere provides rules of participation ("Rules of Participation") for certain activities on this Site/app including, without limitation, contests and rewards by Yoursphere, and/or in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the specific activity in which you choose to participate shall govern.
YOU AGREE THAT YOUR USE OF THE SITE/APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOURSPHERE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE/APP AND YOUR USE THEREOF. YOURSPHERE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE/APP'S CONTENT OR THE CONTENT OF ANY SITE/APPS LINKED TO THIS SITE/APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE/APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE/APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE/APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOURSPHERE SITE/APP. YOURSPHERE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOURSPHERE SITE/APP OR ANY HYPERLINKED WEBSITE/APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOURSPHERE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
Limitation of Liability
IN NO EVENT SHALL YOURSPHERE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE/APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE/APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE/APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOURSPHERE SITE/APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOURSPHERE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site/app is controlled and offered by Yoursphere from its facilities in the United States of America. Yoursphere makes no representations that the Site/app is appropriate or available for use in other locations. Those who access or use the Site/app from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site/app, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Yoursphere shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site/app.
Third Party Hyperlinks
The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by Yoursphere, its subsidiaries and affiliates of the opinions or views expressed by these third party Web site/apps and Yoursphere does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these site/apps. Furthermore, Yoursphere is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such site/apps. As such, neither Yoursphere nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these site/apps. Finally, Yoursphere will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked site/apps.
Modifications to Site/app
Yoursphere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site/app (or any part thereof) with or without notice. You agree that Yoursphere shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Yoursphere reserves the right to terminate or suspend your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this Agreement, or for any other reason Yoursphere assumes no liability for any information removed from the Site/app, termination and/or suspension of accounts for violating these terms and conditions.
You may also terminate your account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Submissions, nor will you be given access to such User Submissions.
We reserve the right to permanently restrict access to our products and services to Members who have had their accounts cancelled or suspended.
Thank you for your use of our Site/app and please contact us with any questions.
Last updated: October 1,2015
Effective date: October 22, 2015
As used in this Policy, "Yoursphere" refers to Yoursphere Media, Inc., a Delaware corporation, owner and operator of the site/app, and any of its subsidiaries and affiliates.
What Information We Collect/How We Use It
We store and use the information you give us in accordance with the terms of this Policy. Personal information including your first and last name, mailing address, zip code, birth date, email address, username, and password may be collected via the site/app
When you sign up for additional Yoursphere Services on the site/app, such as entry into special contests or online games, additional personal information may be collected. We use this additional data, such as your hobbies, sports, music, entertainment, academics and other personal interests, to personalize your Yoursphere experience. By obtaining and using this information, we can provide you with the most timely, relevant and individualized service according to your preferences and interests.
When you sign up with Yoursphere and as you use the Yoursphere Services, we also record your decision to: (1) receive email updates from Yoursphere; and (2) have a third-party sponsor contact you to provide information regarding their product or services.
In some instances we may include certain links in our emails that will allow us to monitor whether you access specific content or advertisements contained in that email. When you click on one of these links, we will record that click and certain activities on the web page associated with that link. We use this information to conduct internal research on our users' demographics, interests, and behavior related to our email advertisements and content, and to better understand and serve you.
We use log files to track system activity and maintain our systems. Log data includes IP addresses, browser type, referring/exit pages, platform type, date/time stamp, and number and nature of clicks through our site/app. We use this information to analyze usage patterns, observe trends, administer the site/app, track user movements in the aggregate, and gather broad demographic information for aggregate use. Information gathered from log files is for Yoursphere's internal use only and will not be shared with any third parties, except law enforcement, as necessary. For non-member visitors to the site/app, log files are not linked to personally identifiable information.
We may use your submitted email address to compare our member list to lists received from other companies, in an effort to avoid sending identical messages to our members.
We may use information collected on the site/app in the following ways:
Online Games and Applications from Third Parties
Our Disclosure of Your Information
We may disclose your personal information to respond to legal requirements, enforce our policies, respond to claims that your posting and/or other content violates the rights of others, or protect anyone's rights, property, or safety.
We may also share your personal information with:
Should you post personal information on Yoursphere bulletin boards, online games, in chat sessions or as part of your Yoursphere profile or avatar, including, for example, your name, email address, phone number, school, hobbies and interests, or photographs, this information will be viewable by other members of the Yoursphere community. You should always take precaution in disclosing information that is personally identifiable.
We may employ other companies and individuals to perform certain functions on our behalf. Examples include processing micropayments, sending direct and electronic mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents may have access to member personal information as needed to perform their functions for Yoursphere, but we do not permit them to use it for other purposes.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Third-Party Ad Servers
Yoursphere may include a file, called a web beacon, from ad networks, if there are any, within pages served by Yoursphere to assist with auditing, research and reporting for advertisers.
Because your web browser must request any advertisements and web beacons from the ad network's servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site/app. If you want to prevent a third-party ad server from sending and reading cookies on your computer, currently you must visit each ad network's web site/app individually and opt out (if they offer this capability). Please contact us if you would like additional information regarding the specific third-party ad networks that may be used on the Site/app.
Yoursphere takes every reasonable precaution to protect our users' information. When you submit sensitive information via our service, your information is protected both online and off-line. We have physical, electronic, and procedural safeguards to protect personal information about you. However, we cannot guarantee that communications between you and Yoursphere will not be intercepted by others and that information stored on our servers will be free from unauthorized access. While we have taken reasonable precautions to protect this information, you should always use discretion in what information you send to us and not expect that such information will be absolutely free from intrusion. In particular, you should be aware that information you may post on Yoursphere bulletin boards, chat sessions, online games, or as part of your Yoursphere profile or avatar, will be viewable by other Yoursphere Members. If you have any questions about the security of our service, please contact us.
We periodically prepare analyses and reports reflecting visitor and member use of the site/app and Yoursphere Services for our internal use as well as for a limited number of our business partners. These reports include aggregate (non-personal) information about Yoursphere members, and in certain instances, visitors to the site/app. The information in these reports will not identify you individually. Our business partners who have access to these reports will not be able to contact you from the information contained in the reports.
Rewards Program; Sweepstakes and Contests
As part of Yoursphere Services, we may offer "Credits" in connection with a rewards program that rewards members' active participation in Yoursphere Services, including postings of video and other content. As such, we will track members' postings and other Yoursphere activities as part of the rewards program. We may also conduct sweepstakes and contests on the site/app in which we may ask you for additional information. We use and treat this information in accordance with the terms of this Policy.
Access and Control of Personal Information
If you are a registered user of our Yoursphere Services, you may view, correct, and delete your personal information, or remove your profile from view by others on the site/app, simply by logging into your account and editing your profile, or by contacting our customer support. To have all of your personally identifiable information removed from view by others on the site/app, send an e-mail request to CustomerService@Yoursphere.com. All user information, included that which is deleted, will be maintained in Yoursphere's database solely for its internal use in ensuring the safety of the Yoursphere community and for disclosure to law enforcement, if necessary. Generally, you should be careful when making any personal information available to the public.
California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to CustomerService@Yoursphere.com or mail us at the below address. Please note that Yoursphere does not intend to allow third parties to direct market to our Members.
If you have any questions about this Policy, please contact us at:
Yoursphere Media, Inc.
231 G Street, Suite 25
Davis, CA 95616