TERMS OF SERVICE
Territorial Scope and Application: USA.
Last Updated: April 30, 2023.
Welcome to you.trend, a platform designed by YOU.TREND INC. (hereinafter also referred to as «you.trend» «we», «our», «us») to provide you with the ultimate video sharing universe dedicated to trends and challenges where users join a vibrant community to complete Daily Dares and share among friends.
These Terms of Service (the “Terms”) constitute a binding agreement between you.trend and its users, outlining the rules and regulations governing the use of our services. By accessing or using the Platform, you agree to be bound by these Terms, so we encourage you to read them carefully before using our app, website, software and related services (the “Services”). These Terms govern your use of the Platform, including any content, features, and Services offered on or through the Platform. If you do not agree to these Terms, you should not access or use the Platform.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND YOU.TREND AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND YOU.TREND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS STATED IN THAT ARBITRATION CLAUSE.
ELIGIBILITY AND ACCEPTANCE OF THE TERMS
Please note that the Platform is not intended for the use of children who are under 16 years old. Users who are below the age of 18 can only access the Services with the authorization of their parent or legal guardian. It is essential to ensure that your parent or legal guardian has gone through and discussed these Terms with you.
By accessing or using our Services, you represent, warrant, agree and confirm that:
- You have the legal capacity to enter into a binding agreement with you.trend.
- You accept these Terms and that you agree to comply with them.
- You have read carefully and consent to our Privacy Policy. [a]
- You will comply with all applicable laws, regulations, and these Terms while using the Services, including local, state, national, and international laws.
Upon accessing or using our Platform and Services, you acknowledge and consent that your use of the Services will be considered as acceptance of the Terms from that moment forward.
ABOUT OUR PLATFORM AND CONDUCT
You.trend is a platform which offers a captivating mobile experience where users engage to conquer globally broadcasted dares, unleash their creativity by crafting unique challenges, and call out friends to partake in the excitement. Get ready to embark on an exhilarating journey of conquering challenges and igniting competition by calling out your friends to determine who reigns supreme!
At you.trend, we understand that video sharing is more than just a hobby — it is a way of life! That's why we've designed our platform to be a fun, engaging space where you can unleash your creativity to the world. Join our growing community and experience endless connections with new people while exploring captivating content without limits.
We intend you.trend to be a secure, safe and reliable platform. To ensure this safe and positive experience for all users, we have established the following Community Guidelines, which each user of our Platform shall comply with:
1. NO violent content. We are against violence in any form, and expect the same from our users. Users are strictly prohibited from uploading or sharing any violent, threatening, or harmful content on our platform. This includes content that promotes or glorifies violence, harassment, trolling, bullying, hate speech, extremism, terrorism or any harmful content.
2. NO harmful or dangerous activities: Users are not allowed to create or participate in challenges or activities that pose a risk to their own or others' safety, or damage of any kind to any property. This includes activities that involve dangerous stunts, self-harm, or smoking, alcohol or substance abuse.
3. NO sexual content. Sharing, promoting, or distributing pornographic content, as well as engaging in commercial activities related to pornography or sexual interactions, whether online or offline, are strictly prohibited. We reserve the right to decide what content we consider to be overly sexual or pornographic.
4. Respect for others: We value diversity and respect for all users on our platform. Users are not allowed to upload or share any content that discriminates against any individual or group based on their race, gender, sexual orientation, religion, or any other personal characteristic or likeness.
5. Intellectual property protection: Users are not allowed to upload or share any content that infringes on the intellectual property rights of others. This includes copyrighted material, trademarks, or any other proprietary information.
6. Compliance with laws and regulations: Users are required to comply with all applicable laws, regulations, and our platform's Terms of Service and other policies while using our Services.
We hold the above-mentioned guidelines in high regard and ensure strict adherence to maintain a safe and enjoyable environment. Any user who violates these guidelines will have their content promptly removed. If you come across any user activity that goes against the above-mentioned Guidelines, please report the video in the Platform’s interface so that we can address the matter. We reserve the right to permanently disable accounts of users who repeatedly violate these Guidelines.
YOUR ACCOUNT
To access our Services, you must maintain an active account on the Platform. You are required to provide accurate and current information about yourself during the account creation process, in addition to updating the information you have provided to maintain its accuracy. Updating your information can be seamlessly done on the Platform.
You must create a strong and unique password. You are solely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to disable your account at any time and for any reason, including in the case of your failure to comply with any provision, specified in these Terms or in other terms and policies on the Platform.
We hope that you will remain with us, but in the case you would like to delete your account, you are able to do so in the settings of your account.
YOUR ACCESS AND USE OF THE PLATFORM
Your use of the Platform is governed by these Terms, other policies on the Platform, as well as applicable laws and regulations.
You agree not to engage in any of the following prohibited activities while accessing or using the Platform:
1. Violating any of these Terms and other terms of the platform, including the Privacy Policy, Community Guidelines, or any other rules or policies governing the use of the Platform.
2. Infringing upon the intellectual property rights or privacy of others, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights.
3. Accessing or using the Platform for any unlawful or fraudulent purpose or for any illegal activities, such as promoting or engaging in gambling, human trafficking, drug trafficking, terrorism etc.
4. Distributing or sharing any harmful, inappropriate, offensive, or defamatory content, such as hate speech, pornography, violence, discrimination, or harassment.
5. Attempting to hack, use or try to use another’s person account, tamper with, or otherwise exploit any vulnerabilities in the Platform's security, reverse engineer, decompile, disassemble, create unauthorized copies, modify, adapt, translate, create derivative works of any of its code or software or any content included therein.
6. Impersonating any person or entity, or falsely claiming to be affiliated with any organization, group, or individual.
7. Using the Platform to send spam, unsolicited messages, or other forms of unauthorized advertising or marketing.
8. Engaging in any activity that disrupts the normal functioning of the Platform, causes disturbance to our website or any networks linked to the Services, or circumvents any security measures implemented by us to prevent or limit access to the Services.
9. Using any part of the Services to create a derivative work or integrating it into another program or product without our explicit consent.
10. Collecting or harvesting any personal information, data, or content of other users without their consent, or using automated bots, spiders, or other software to scrape or crawl the platform's content.
11. Engaging in any activity that interferes with or disrupts the platform's normal operation, such as overloading, crashing, or otherwise damaging the platform's servers or networks.
12. Engaging in any activity that could harm, defame, or cause damage to the reputation of the platform, its owners, or its users.
13. Using the Platform to promote or engage in any illegal, unethical, or immoral activities.
14. Using the Platform if you are not legally authorized to do it, or if you have lack of capacity to agree to these Terms and the Privacy Policy.
13. Engaging in conduct that involves intimidating or harassing others, promoting sexually explicit material, inciting violence, or engaging in discrimination based on race, sex, religion, nationality, disability, sexual orientation.
14. Uploading, transmitting, storing, distributing, or making available any files that contain harmful materials such as viruses, trojans, worms or any other malicious software.
15. Posting content that violates Community Guidelines, specified in Section “ABOUT OUR PLATFORM AND CONDUCT” of these Terms.
We reserve the right to terminate or suspend your access to the platform, or take legal action against you, if you engage in any prohibited activities or violate any of the terms outlined in this Terms of Service.
CONTENT
YOU.TREND CONTENT
you.trend (and its licensors) owns the Services, including all proprietary content, software, images, text, information, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and “look and feel” of the Services, and all related intellectual property rights (the “you.trend Content”).
You.trend grants you a limited, non-exclusive, non-assignable, revocable, non-sublicensable, worldwide, and royalty-free license to use the you.trend Content. This license shall be used solely for the purpose of accessing and using the Services in accordance with these Terms and our policies. Use of the you.trend Content or materials for any purpose not expressly permitted by these Terms is strictly forbidden. We and our licensors reserve all the rights not expressly granted in and to our Content.
Our Services are provided for private and non-commercial use.
By accessing and viewing content provided by others on the Services, you understand and agree that you assume all associated risks. Please note that the content available on our Platform is provided for general entertainment purposes only. It is your responsibility to seek professional advice before taking any action or refraining from any action based on the content available on our Services.
USER CONTENT
Our Platform allows you to upload, post, forward, and receive content, namely your videos, texts, photographs and musical works embodied therein, including videos that contain locally stored audio recordings from the music library on your device (the “User Content”). You may also create new User Content by extracting all or a portion of existing User Content created by another user. Apart from that, you may add text and stickers to your User Content, which are provided by us on the Platform.
For all User Content you upload and submit through the Platform, you hereby grant you.trend and our affiliates an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable and perpetual license to host, store, post, publicly display, distribute the User Content. Additionally, you hereby authorize other users of our Platform and third parties to access, view, use, download, adapt, reproduce, make derivative works of, post, distribute your User Content in any format and on any platform. You also give us permission to use your username, image, voice, and appearance without paying any royalties to identify you as the creator of your User Content. We obtain this license in order to operate, develop, promote, and enhance the Services. By agreeing to these Terms, you acknowledge and agree that you will not receive any payment or compensation if your videos, photos, text, username, voice, sound recordings, or musical compositions are used by us, our affiliates, users of the Services, or our business partners.
You have the option to decide the visibility of your User Content on the Platform. You can choose to make it exclusively viewable by your community of friends or make it publicly accessible. These preferences can be adjusted conveniently through the privacy settings in your account.
By accessing and using our Platform, you acknowledge and agree that we may, but are not obligated to verify or endorse the information and materials contained in your User Content. By accessing and using the Platform you must comply with the standards, specified in Section “ABOUT OUR PLATFORM AND CONDUCT” of these Terms. Please be aware that you alone bear the responsibility for any User Content you generate, upload, post, or transmit through the Platform.
You hereby warrant and guarantee that all your actions on the Platform adhere to these standards, and you acknowledge that any infringement of this warranty will result in your liability to us, meaning you shall be held responsible for any losses or damages incurred by us as a result of your violation of this warranty.
Be mindful that other users of the Platform may copy and store your videos and challenges beyond the confines of the Platform, therefore we strongly advise against sharing User Content that you would prefer not to be saved or shared by others. You must exercise caution when disclosing personal information while utilizing the Platform. We hold no responsibility for the information you submit, post, or upload.
By uploading User Content on the Platform, you represent and warrant that you either own the User Content, or have obtained all required permissions or authorizations from the owner(s) of any portion of the User Content, which enable you to upload it to the Platform, to transmit it from the Platform to other third-party platforms, and/or adopt any third-party content.
We or authorized third parties retain the right to take down your User Content at our or their own discretion. If we believe that your post does not adhere to the Community Guidelines, specified in Section “ABOUT OUR PLATFORM AND CONDUCT” of these Terms or any other provision of these Terms, we reserve the right to take down, delete, remove, erase any post you make on the Platform. We are also entitled to do so in case we receive any complaint from other users or third parties without notifying you and without being liable to you.
We respect intellectual property laws, including the Digital Millennium Copyright Act (“DMCA”) and take all the reasonably necessary steps to remove the infringing material that we become aware of from the Platform. For the users, who repeatedly infringe intellectual property rights of others, we will disable such user’s account.
To report any User Content uploaded by others that you find as the one that infringes intellectual property or other laws, please let us know about it at: [email protected]. We appreciate your support!
If you wish to reach out our designated agent to report the copyright infringement, you can do it via the following contact details:
YOU.TREND INC.
Designated Agent: Jawad Billan, CEO
3243 44TH ST Suite 1R
Astoria, NY 11103
Phone: 9177970529
Email: [email protected]
To file a notice with our DMCA Agent, the notice must:
We always appreciate your involvement and feedback about our Platform. Nevertheless, if you provide feedback or suggestions, you do it voluntarily, and we can use them to enhance our Services without compensating you. You hereby acknowledge and agree that we will own all the rights in any materials or objects we create based on such your feedback or suggestions.
USER DATA AND PRIVACY
Your privacy is extremely important to us. Please, read our Privacy Policy [b]to learn more about our privacy practices and the procedures of collecting, processing and protecting the personal information of the users of the Platform. Additionally, it will provide you with assistance regarding inquiries about how you can manage the collection, correction, and/or deletion of your information. Furthermore, it will guide you on how to contact us should you require further assistance.
SAFETY AND SECURITY
While we strive to maintain the security of our Services for all users, we cannot assure its perpetual security. By using the Services, you consent to abide by these Terms, including our Community Guidelines, specified in Section “ABOUT OUR PLATFORM AND CONDUCT” and any other policies we provide. By complying with these Terms, you contribute to upholding the safety and enhancing the overall quality of the Platform's user experience.
In the case of your failure to comply with any provision of these Terms, we reserve the right to remove any User Content created by you and posted on the Platform, disable your account temporarily or permanently, and notify third parties, including law enforcement bodies if we determine it is reasonably needed.
We prioritize your physical safety, and therefore, require you to avoid using our Services in a manner that could distract or prevent you from adhering to reasonable safety guidelines. We strongly discourage the creation or participation in challenges or videos that may pose a risk of physical harm or any other form of damage to you, anyone, any entity, or property.
DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL NOT EXPERIENCE DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY INFORMATION OR USER CONTENT, YOU RECEIVE THROUGH THE PLATFORM WILL BE RELIABLE OR ACCURATE.
WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE OF THE USERS.
NEITHER WE, NOR OUR AFFILIATES TAKE RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATE, UPLOAD, POST, SEND OR RECEIVE ON OUR PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE ILLEGAL, MISLEADING, OFFENSIVE OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
INDEMNIFICATION
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless you.trend, our affiliates, respective officers, directors, employees, licensors, agents, and advisors, from and against any and all liabilities, losses, damages, claims, and expenses including reasonable attorney’s fees and expenses, arising from: (a) your access or use of the Platform and the Services; (b) any infringement claims related to the User Content created by you and posted on the Platform; (c) any your violation of these Terms and applicable laws and regulations; (d) your gross negligence or willful misconduct.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU.TREND AND OUR OFFICERS, SHAREHOLDERS, MANAGING MEMBERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TO YOU.TREND WITHIN THE LAST 12 MONTHS, IN EACH CASE, WHETHER OR NOT YOU.TREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, ARISING OUT OF OR CONNECTED WITH SUCH DISPUTES.
ARBITRATION AGREEMENT
Please carefully review this Section as it constitutes the Arbitration Agreement between you and you.trend, where you agree to resolve any dispute between us through arbitration.
You hereby agree that in the case of any dispute you and you.trend will first attempt to resolve such dispute informally by negotiations.
After the informal negotiations, if the dispute has not been resolved, such dispute, controversy or claim (whether contract, tort or otherwise), including all statutory claims and disputes, arising out of or in connection with the use of the Services or the interpretation, implementation, breach or termination of these Terms of Service shall be resolved by binding arbitration on an individual basis, except of the disputes for the alleged unlawful use of intellectual property.
You have the option to opt out of this arbitration agreement within 30 days of initially being a user of the Platform, provided that you are an individual, by sending an email to [email protected].
You acknowledge and agree that the Federal Arbitration Act shall govern the interpretation and enforcement of this dispute-resolution provision and that you and you.trend are each waiving the right to a trial by jury or to participate in a class action. The arbitration clause stated in these Terms will remain in effect even after the termination of this agreement.
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") then in effect, except as provided herein. The arbitration shall be conducted in English in the United States and shall be administered by the AAA or any other mutually agreed arbitration service.
The arbitration shall be conducted before a single arbitrator appointed in accordance with the rules of the AAA. The arbitrator shall have the authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall award consequential damages, indirect damages, or any damages that are not specifically requested in the arbitration demand. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties agree to keep the arbitration proceedings and all information and documents disclosed therein confidential and to take all necessary measures to protect such information and documents.
You and you.trend agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and you.trend agree that any arbitration will be solely between you and you.trend and not as part of a class-wide claim.
YOU AND YOU.TREND ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US HEREBY IRREVOCABLY WAIVES ANY RIGHT WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
INSTEAD, ANY SUCH DISPUTE SHALL BE RESOLVED THROUGH ARBITRATION, AS SET FORTH IN THE ARBITRATION SECTION ABOVE. THIS WAIVER OF JURY TRIAL PROVISION, AS WELL AS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION OF THESE TERMS OF SERVICE AND THE TERMINATION OF YOUR RELATIONSHIP WITH YOU.TREND.
You hereby agree that any dispute within the scope of the Arbitration Agreement must be arbitrated or litigated on an individual basis, and that you waive any right to participate in a class or consolidated action against you.trend. This means that you will bring any dispute solely in your individual capacity and not as part of a class, consolidated or representative action.
You understand and acknowledge that by agreeing to this waiver, you are giving up your right to participate in a class or consolidated action against us, and that any individual claim must be brought within the applicable statute of limitations. You further understand that this waiver applies to any claims that may arise now or in the future, including but not limited to claims related to our services or any transaction conducted through our services.
If any court or arbitrator determines that the waiver of class or consolidated actions is unenforceable or invalid, then the entire Arbitration Agreement shall be null and void. In that case, the dispute will be resolved by a court of competent jurisdiction, located in the state where our company is headquartered.
GOVERNING LAW AND VENUE
As far as these Terms permit court litigation, all claims and disputes, related to these Terms or the use of the Platform, will be exclusively litigated in the United States District Court for the District of Delaware. In the event that the court lacks original jurisdiction over the litigation, all such claims and disputes will instead be exclusively litigated in the Superior Court of Delaware. Both you and you.trend agree to be subject to the personal jurisdiction of both courts.
These Terms of Service and any disputes arising from or related to your use of our Services will be governed by and construed in accordance with the laws of the State of Delaware in the United States, without regard to its conflicts of law principles.
MISCELLANEOUS
1. Entire Agreement: These Terms of Service, together with our Privacy Policy and any additional policies on the Platform, constitute the entire agreement between you and you.trend.
2. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
3. California users of the Platform are entitled to certain consumer rights under Section 1789.3 of the California Civil Code, which includes the right to receive the following specific notice: The Complaint Assistance Unit of the California Department of Consumer Affairs' Division of Consumer Services can be contacted in writing through the contact details provided at https://www.dca.ca.gov/about_us/contactus.shtml
Additionally, if a user of the Platform is a California resident and under 18 years of age, they can request to have their User Content removed by contacting us at [email protected].
4. Your rights and obligations under these Terms cannot be transferred without our prior consent.
CHANGES TO THE TERMS
From time to time, we can amend these Terms, for instance, to reflect the changes to our Services functionality. We will make reasonable efforts to notify all users of any significant changes to these Terms, such as by posting a notice on our Platform. Nevertheless, it is recommended that you review the Terms periodically to keep track of any changes. The date of the last revision to the Terms will be indicated by the «Last Updated» date at the beginning of this page. By continuing to use or access the Services after the new Terms' effective date, you indicate your acceptance of the revised Terms. If you do not agree to the new Terms, you must discontinue your use or access to the Services.
CONTACT US
Legal entity name: YOU.TREND INC.
Email: [email protected]
[a]link to it
[b]link