Welcome to Yoursphere. Yoursphere is a membership-based, online social community exclusively for youth through the age of 18 years of age. Therefore, it is very important that you and your parents/legal guardians review the following Terms of Use so that you know what you can and cannot do on Yoursphere.com. By using this website at yoursphere.com (the "Site"), you and your parents/legal guardians agree to abide by the following terms and conditions and the Privacy Policy. If you do not agree to any of these terms, then please do not use the Site. If there are material changes to our Terms of Use, we will post a link to our revised Terms of Use on our home page. Your continued use of this Site shall constitute your acceptance of any revised Terms of Use.
These Terms of Use apply to all users of the Site, including registered users ("Members") who are also contributors of video content, photographs, articles, information, and other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by Yoursphere. Yoursphere has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Yoursphere will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Yoursphere from any and all liability arising from your use of any third-party website. Yoursphere hereby grants you permission to use the Site as set forth in this Terms of Use, provided that you will not copy or distribute any part of the Site in any medium without Yoursphere’s prior written authorization, and you will otherwise comply with the terms and conditions of these Terms of Use.
The content on the Site, 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 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 and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
Yoursphere is a membership-based, online social community exclusively for youth through the age of 18. In order promote the safety and privacy of its Members, including Members under the age of 13, Yoursphere requires, prior to giving Members access to the entire Site, the parent/legal guardian of each prospective Member to open an account with Yoursphere and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. As part of this registration process, the parent/legal guardian of prospective Members will be requested to provide certain personal information and his/her consent to allow Yoursphere and/or its agent to conduct a background check to screen against registered sex offenders. The parent/legal guardian will be asked to provide their full name, address, date of birth, and last four digits of their social security number or complete driver’s license number. You and your parent/legal guardian acknowledge that Yoursphere conducts such screening as its best, commercially reasonable effort to make the Site and the Yoursphere community a safe environment for Members, but Yoursphere is not making any guarantee that the Site will be free from sexual predators or other criminal or offensive behavior. By opening up an account and registering your child/children as Member(s), you represent and warrant that you are not required to register as a sex offender with any government entity, and you are providing Yoursphere with your parental consent. You also hereby agree to this Terms of Use on behalf of your child/children and yourself, and give your child/children permission to access the entire Site, including the message boards and chat rooms (among others). Yoursphere reserves the right to conduct a criminal background check, at any time, using publicly available records, to confirm your compliance with this subsection. Yoursphere reserves the right to refuse to register a prospective Member and/or delete the profile of a current Member if he/she does not have a parent/legal guardian whose identity can be verified through this process and/or if the parent/legal guardian information matches that in the registered sex offender database.
Each Member and his/her parents/legal guardians may also 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 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, 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. 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, 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.
You acknowledge that Yoursphere may or may not pre-screen User Submissions, but that Yoursphere and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submissions that is available via the Site. Without limiting the foregoing, Yoursphere and its designees shall have the right to remove any User Submissions that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any user content submitted to Yoursphere, including without limitation information in Yoursphere’s message boards, blogs and in all other parts of the Site. Yoursphere further reserves the right to display User Submissions for marketing, promotional, and advertising purposes.
In addition to User Submissions and to the extent that portions of this Site provide Members an opportunity to interact, post and/or exchange information, ideas, and opinions ("Postings") in chatrooms, virtual worlds, message boards, and online games ("Forums"), and via text messaging, through avatars, and in descriptions of Members and other areas on the Site, please be advised that Postings do not necessarily reflect the views of Yoursphere. Although we periodically monitor exchanged and posted information, in no event does Yoursphere assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for, and assume all liability regarding the content of their messages and postings and interactions with other Members. Nonetheless, Yoursphere will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, Yoursphere reserves the right, in its sole discretion, to edit, delete, or refuse to post any Posting that violates these terms and conditions, as well as revoke the privileges of any user who does not comply with these terms and conditions. Yoursphere also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party. Please see the Privacy Policy.
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 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 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.
You acknowledge, consent and agree that Yoursphere may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: ( a ) comply with law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); ( b ) enforce the Terms of Use; ( c ) respond to claims that any User Content violates the rights of third parties; ( d ) respond to your requests for customer service; or ( e ) protect the rights, property or personal safety of Yoursphere, its users and the public. Notwithstanding any other provision of this Terms of Use or the Privacy Policy, Yoursphere reserves the right, but has no obligation, to disclose any information to authorities that you submit, if in its sole opinion suspects or has reason to suspect, that the information involves a party who may be a victim of abuse in any form. By using this site, you hereby acknowledge and agree that Yoursphere is permitted to make such disclosures.
By using this site, you agree to allow Yoursphere the right to use the information from you and your experiences through the Site to monitor, track and research ways to improving Yoursphere’s services and community.
As a Member of Yoursphere, you will be given access to a virtual word and online games within the Site (the "Flowplay Games") for your own personal entertainment. The Flowplay Games is operated by FlowPlay, Inc. Your use of Flowplay Games may have additional terms and conditions associated with them.
When you become a Member, you will have access to the Flowplay Game after complying with all registration requirements set forth herein for obtaining a Yoursphere account. As part of the registration process, you will be required to choose a character name. While you may choose any names for this purpose, they may not already be in use by other Members, violate any other person’s intellectual property rights, or be indecent, obscene, or otherwise violate standards of good taste. Yoursphere may, in its sole discretion, reject any name that it believes is inappropriate or violates the rights of another party and reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C.A § 512(c)) concerning the removal of copyrighted or trademarked materials from the Site.
In addition to any other restrictions on use provided herein, you agree to the following restrictions with respect to the Flowplay Games:
You agree that, while accessing or using the Flowplay Games, you will not:
In connection with the Flowplay Games, we may offer online capabilities to purchase products or services for a fee or other charge. You must be 18 years of age or older to make any such purchases. In the event you (or your parent/legal guardian) chose to purchase a product, you will be required to provide certain personal information and your credit card (or other form of payment) information. Yoursphere may use third party providers to help operate and process these online purchases. Such third party providers may have their own terms of use and privacy policy.
You acknowledge that the Flowplay Game may includes a component of in-world fictional currency ("Currency" or "Flow" or "Tokens"), which constitutes a limited license right to use a feature of a game when, as, and if allowed by Yoursphere. Yoursphere may charge fees for the right to use Flow, or may distribute Flow without charge, in its sole discretion. Regardless of terminology used, Flow represents a limited license right governed solely under game rules located at [http://w02.ourworld.com/v11/terms.jsp] [Create game rules applicable to Yoursphere] and is not redeemable for any sum of money or monetary value from Yoursphere at any time. Yoursphere has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA THE SITE, SUCH AS BUT NOT LIMITED TO FLOWPLAY GAMES IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY YOURSPHERE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. YOURSPHERE EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.
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):
Yoursphere’s designated copyright agent to receive notifications of claimed infringement is: Yoursphere Media, Inc., 213 E Street, Suite A, Davis, CA 95616, email: copyright@Yoursphere.com, telephone: 888-905-9898, fax: 888-905-9898. 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.
As a condition of your use of this Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair any Yoursphere’s server, or the network(s) connected to any Yoursphere’s server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Yoursphere’s server or the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Yoursphere provides rules of participation ("Rules of Participation") for certain activities on this Site 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.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yoursphere without restriction.
YOU AGREE THAT YOUR USE OF THE SITE 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 AND YOUR USE THEREOF. YOURSPHERE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE 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. 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 OR ANY HYPERLINKED WEBSITE 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.
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, (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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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, 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.
YOURSPHERE AND ITS AGENTS USE VARIOUS WAYS OF VERIFYING INFORMATION AND SCREENING FOR REGISTERED SEX OFFENDERS, HOWEVER, NONE OF THOSE WAYS ARE PERFECT. BY USING THIS SITE, YOU AGREE THAT YOURSPHERE AND ITS AGENTS WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION, AND FALSE NEGATIVE OR FALSE POSITIVE RESULTS FROM THE SCREENING FOR REGISTERED SEX OFFENDERS.
The Site is controlled and offered by Yoursphere from its facilities in the United States of America. Yoursphere makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or your breach of these Terms of Use, any breach of your representations and warranties set forth in these Terms of Use, or your violation of any law or the rights of a third party.
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, 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.
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 sites and Yoursphere does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Yoursphere is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. 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 sites. 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 sites.
Yoursphere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (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. In addition a Member’s account will automatically be terminate or suspended upon such Member reaching the age of 19 based on the account information provided during registration. Yoursphere assumes no liability for any information removed from the Site, 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 Submission.
We reserve the right to permanently restrict access to our products and services to Members who have had their accounts cancelled or suspended.
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Yoursphere, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Yoursphere that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by Yoursphere on the Site, shall constitute the entire agreement between you and Yoursphere concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Yoursphere’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Yoursphere reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or related services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Thank you for your use of our Site and please contact us with any questions.
Last updated: February 18, 2010