Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While we do govern the activities reported by community, since content is crowdsourced, you may run into fake profiles and inappropriate posts. Please report such activities via the Report button available in the profile of the account you are reporting.
These terms and conditions are effective immediately for those registering
accounts before or after January 31, 2019.
These terms and conditions (the "Terms") govern your access to and use of
Youbble's websites and mobile applications that link to or reference these Terms
("Site"). By accessing or using the Site, you are agreeing to these Terms and
concluding a legally binding contract with Youbble LLC., a Virginia based
company headquartered in Herndon, Virginia ("Youbble"). Do not access or use the
Site if you are unwilling or unable to be bound by the Terms.
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DEFINITIONS
- Parties
- "You" and "your" refer to you, as a user of
the Site. A "user" is someone who accesses, browses,
crawls, scrapes, or in any way uses the Site.
"We,""us," and "our" refer to Youbble.
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Content
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"Content" means text, images, photos, audio, video, location
data, and all other forms of data or communication. "Your
Content" means Content that you submit or transmit to,
through, or in connection with the Site, such as ratings,
reviews, compliments, invitations, check-ins, messages, and
information that you publicly display or displayed in your
account profile. "User Content" means Content that users
submit or transmit to, through, or in connection with the
Site. "Youbble Content" means Content that we create and
make available in connection with the Site. "Third Party
Content" means Content that originates from parties other
than Youbble or its users, which is made available in
connection with the Site. "Site Content" means all of the
Content that is made available in connection with the Site,
including Your Content, User Content, Third Party Content,
and Youbble Content.
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CHANGES TO THE TERMS OF
SERVICE
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We may modify the Terms from time to time. You understand and agree
that your access to or use of the Site is governed by the Terms
effective at the time of your access to or use of the Site. If we
make material changes to these Terms, we will notify you or post a
notice on the Site prior to the effective date of the changes. You
should revisit these Terms on a regular basis as revised versions
will be binding on you. Any such modification will be effective upon
our posting of new Terms. You understand and agree that your
continued access to or use of the Site after the effective date of
modifications to the Terms indicates your acceptance of the
modifications.
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TRANSLATION
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We may translate these Terms into other languages for your
convenience. Nevertheless, the English version governs your
relationship with Youbble, and any inconsistencies among the
different versions will be resolved in favor of the English version.
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USING THE SITE
-
Eligibility
-
To access or use the Site, you must be 14 years or older and
have the requisite power and authority to enter into these
Terms. You may not access or use the Site if you are a
competitor of ours or if we have previously banned you from
the Site or close your account.
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Permission to Use the Site
- We grant you permission to use the Site subject to the
restrictions in these Terms. Your use of the Site is at your
own risk, including the risk that you might be exposed to
Content that is offensive, indecent, inaccurate,
objectionable, or otherwise inappropriate.
-
Site Availability
- The Site may be modified, updated, interrupted, suspended or
discontinued at any time without notice or liability.
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User Accounts
- You must create an account and provide certain information
about yourself in order to use some of the features that are
offered through the Site. You are responsible for
maintaining the confidentiality of your account password.
You are also responsible for all activities that occur in
connection with your account. You agree to notify us
immediately of any unauthorized use of your account. We
reserve the right to close your account at any time for any
or no reason.
- Your account is for your personal, non-commercial use only.
In creating it, we ask that you provide complete and
accurate information about yourself to bolster your
credibility as a contributor to the Site. You may not
impersonate someone else, create or use an account for
anyone other than yourself, provide an email address other
than your own, or create multiple accounts. If you use a
pseudonym, take care to note that others may still be able
to identify you if, for example, you include identifying
information in your reviews, use the same account
information on other sites, or allow other sites to share
information about you with Youbble. Please read our Privacy
Policy for more information.
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Communications from Youbble and other Users
- By creating an account, you agree to receive certain
communications in connection with the Site. For example, you
might receive friend requests, messages, comments, personal
or business inquiries, advertisements, posts and
notifications from or regarding other User activities,
community news, and events. You may also receive our
e-newsletter about happenings in your community. You can
opt-out of non-essential communications.
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CONTENT
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Responsibility for Your Content
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You alone are responsible for Your Content, and once
published, it cannot always be withdrawn. You assume all
risks associated with Your Content, including anyone's
reliance on its quality, accuracy, or reliability, or any
disclosure by you of information in Your Content that makes
you personally identifiable. You represent that you own, or
have the necessary permissions to use and authorize the use
of Your Content as described herein. You may not imply that
Your Content is in any way sponsored or endorsed by Youbble.
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You agree and provide your consent that you will only send,
upload, communicate, transmit or otherwise make available
Content that you own or otherwise are permitted to make
available in Youbble platform.
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You may expose yourself to liability if, for example, Your
Content contains material that is false, intentionally
misleading, or defamatory; violates any third-party right,
including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; contains
material that is unlawful, including illegal hate speech or
pornography; exploits or otherwise harms minors; or violates
or advocates the violation of any law or regulation.
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Our Right to Use Your Content
- We may use Your Content in a number of different ways,
including publicly displaying it, reformatting it,
incorporating it into advertisements and other works,
creating derivative works from it, promoting it,
distributing it, and allowing others to do the same in
connection with their own websites and media platforms
("Other Media"). As such, you hereby irrevocably grant us
world-wide, perpetual, non-exclusive, royalty-free,
assignable, sublicensable, transferable rights to use Your
Content for any purpose. Please note that you also
irrevocably grant the users of the Site and any Other Media
the right to access Your Content in connection with their
use of the Site and any Other Media. Finally, you
irrevocably waive, and cause to be waived, against Youbble
and its users any claims and assertions of moral rights or
attribution with respect to Your Content. By "use" we mean
use, copy, publicly perform and display, reproduce,
distribute, modify, translate, remove, analyze,
commercialize, and prepare derivative works of Your Content.
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You agree and provide your consent to authorize Youbble on
sharing your information and the content you upload publicly
to Youbble patrons.
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You agree to grant Youbble access and storage of your
collected data in our data repository in compliance with
company data retention policy for a period of 3 years.
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Ownership
- As between you and Youbble, you own Your Content. We own the
Youbble Content, including but not limited to visual
interfaces, interactive features, graphics, design,
compilation, including, but not limited to, our compilation
of User Content and other Site Content, computer code,
products (excluding user uploaded or supplied), software,
aggregate user posts, and all other elements and components
of the Site excluding Your Content, User Content and Third
Party Content. We also own the copyrights, trademarks,
service marks, trade names, and other intellectual and
proprietary rights throughout the world ("IP Rights")
associated with the Youbble Content and the Site, which are
protected by copyright and trademark laws, and all other
applicable intellectual and proprietary rights and laws. As
such, you may not modify, reproduce, distribute, create
derivative works or adaptations of, publicly display or in
any way exploit any of the Youbble Content in whole or in
part except as expressly authorized by us. Except as
expressly and unambiguously provided herein, we do not grant
you any express or implied rights, and all rights in and to
the Site and the Youbble Content are retained by us.
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Advertising
- Youbble and its licensees may publicly display
advertisements and other information adjacent to or included
with Your Content. You are not entitled to any compensation
for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to
you.
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Content Feeds
- We make some of the Site Content ("Feed Content"). You may
access and use the Feeds in order to display Feed Content on
your personal computer, website, or blog ("Your Site"),
provided that (i) your use of the Feeds is for personal,
non-commercial purposes only, (ii) your display of the Feed
Content links back to the relevant pages on Youbble's
websites, and attributes Youbble as the source of the Feed
Content, (iii) your use or display of the Feed Content does
not suggest that Youbble promotes or endorses any third
party causes, ideas, websites, products or services,
including Your Site, (iv) you do not redistribute the Feed
Content, and (v) your use of the Feeds does not overburden
Youbble's systems. Youbble reserves all rights in the Feed
Content and may terminate the Feeds at any time.
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Other
- User Content (including any that may have been created by
users employed or contracted by Youbble) does not
necessarily reflect the opinion of Youbble. We reserve the
right to remove, screen, edit, or reinstate User Content
from time to time at our sole discretion for any reason or
no reason, and without notice to you. We have no obligation
to retain or provide you with copies of Your Content, nor do
we guarantee any confidentiality with respect to Your
Content.
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RESTRICTIONS
-
We are under no obligation to enforce the Terms on your behalf
against another user. While we encourage you to let us know if you
believe another user has violated the Terms, we reserve the right to
investigate and take appropriate action at our sole discretion.
-
You agree not to, and will not assist, encourage, or enable
others to use the Site to:
- Transmit any obscene, pornographic, offensive, or defamatory
or materials of any kind (text, graphics, images,
photographs, and so on), or other content or materials that
in Youbble’s reasonable judgement may be found
objectionable.
- Promote a business or other commercial venture or event, or
otherwise use the Site for commercial purposes, except in
connection with a Business and Service Accounts and as
expressly permitted by Youbble.
- Send bulk emails, surveys, or other mass messaging, whether
commercial in nature or not; engage in keyword spamming, or
otherwise attempt to manipulate the Site's search results or
any third party website.
- Solicit personal information from minors, or submit or
transmit pornography.
- Threaten, stalk, harm, or harass others, or promote bigotry
or discrimination.
- Violate any applicable law
- Violate any third party's rights, including any breach of
confidence, copyright, trademark, patent, trade secret,
moral rights, privacy rights, right of publicity, or any
other intellectual property or proprietary rights.
- Violate our terms by writing a fake or defamatory
comment/review, trading reviews with other businesses, or
compensating someone or being compensated to write or remove
a review.
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You also agree not to, and will not assist, encourage, or enable
others to:
- Access, retrieve or index any portion of the Site for
purposes of constructing or populating a searchable database
of business reviews;
- Attempt to gain unauthorized access to the Site, user
accounts, computer systems or networks connected to the Site
through hacking, password mining or any other means;
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Modify, adapt, appropriate, reproduce, distribute,
translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit the
Site or Site Content (other than Your Content), except as
expressly authorized by Youbble;
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Record, process, or mine information about other users;
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Reformat or frame any portion of the Site;
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Remove, circumvent, disable, damage or otherwise interfere
with any security-related features of the Site, features
that prevent or restrict the use or copying of Site Content,
or features that enforce limitations on the use of the Site
-
Remove or modify any copyright, trademark or other
proprietary rights notice that appears on any portion of the
Site or on any materials printed or copied from the Site;
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Reverse engineer any portion of the Site;
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Take any action that imposes, or may impose, in our sole
discretion, an unreasonable or disproportionately large load
on Youbble's technology infrastructure or otherwise make
excessive traffic demands of the Site;
-
Use any device, software or routine that interferes with the
proper working of the Site, or otherwise attempt to
interfere with the proper working of the Site;
-
Use any robot, spider, site search/retrieval application, or
other automated device, process or means to access,
retrieve, scrape, or index any portion of the Site or any
Site Content;
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Use the Site or any Site Content to transmit any computer
viruses, worms, defects, Trojan horses or other items of a
destructive nature (collectively, "Viruses");
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Use the Site to violate the security of any computer
network, crack passwords or security encryption codes;
disrupt or interfere with the security of, or otherwise
cause harm to, the Site or Site Content; or
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Violate the Terms;
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The restrictions above only apply to the extent permissible under
applicable law. Nevertheless, you agree not to act contrary to them
(even if permissible under applicable law) without providing 30
days' prior written notice to us, together with any information that
we may reasonably require to give us an opportunity to provide
alternative remedies or otherwise accommodate you at our sole
discretion.
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GUIDELINES AND POLICIES
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Content Guidelines
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You represent that you have read and understood our Content
Guidelines mentioned above.
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Privacy
- You represent that you have read and understood our Privacy
Policy. Note that we may disclose information about you to
third parties if we have a good faith belief that such
disclosure is reasonably necessary to (i) take action
regarding suspected illegal activities; (ii) enforce or
apply our Terms and Privacy Policy; (iii) comply with legal
process or other government inquiry, such as a search
warrant, subpoena, statute, judicial proceeding, or other
legal process served on us; or (iv) protect our rights,
reputation, and property, or that of our users, affiliates,
or the public. If you use the Site outside of the United
States, you consent to having your personal data transferred
to and processed in the United States.
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Youbble DEALS AND Youbble
ADVERTISING
-
If you purchase a Youbble coupons, deals, dibs, gift certificates,
etc., the terms of your purchase will be governed by the Youbble
General Terms for Deals and Certificates. Please review them before
you make each purchase since they may change from time to time. In
the event of any conflict between the Youbble General Terms for
Deals and Certificates and these Terms, the Youbble General Terms
for Deals and Certificates will prevail.
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Similarly, if you create a business and/or service account on the
Site or purchase advertising from Youbble, the Youbble Advertising
Agreement will apply. In the event of any conflict between the
Youbble Advertising Agreement and these Terms, the Youbble
Advertising Agreement will prevail.
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SUGGESTIONS AND
IMPROVEMENTS
-
By sending us any ideas, suggestions, documents or proposals
("Feedback"), you agree that (i) your Feedback does not contain
confidential or proprietary information of third parties, (ii) we
are under no obligation of confidentiality, express or implied, with
respect to the Feedback, (iii) we may have something similar to the
Feedback already under consideration or in development, and (iv) you
grant us an irrevocable, non-exclusive, royalty-free, perpetual,
worldwide license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive,
and cause to be waived, against Youbble and its users any claims and
assertions of moral rights contained in such Feedback.
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THIRD PARTIES
-
The Site may include links to other websites or applications (each,
a "Third Party Site"). We do not control or endorse any Third Party
Site. You agree that we are not responsible for the availability or
contents of such Third Party Sites. Your use of Third Party Sites is
at your own risk.
-
Some of the services made available through the Site may be subject
to additional third party or open source licensing terms and
disclosures.
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INDEMNITY
-
You agree to indemnify, defend, and hold Youbble, its parents,
subsidiaries, affiliates, any related companies, suppliers,
licensors and partners, and the officers, directors, employees,
agents and representatives of each of them (collectively, the
"Youbble Entities") harmless, including costs, liabilities and legal
fees, from any claim or demand made by any third party arising out
of or relating to (i) your access to or use of the Site, (ii) your
violation of the Terms, (iii) any products or services purchased or
obtained by you in connection with the Site, or (iv) the
infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity.
Youbble reserves 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 with our defense of these
claims. You agree not to settle any such matter without the prior
written consent of Youbble. Youbble will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming
aware of it.
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DISCLAIMERS AND LIMITATIONS OF
LIABILITY
Please Read This Section Carefully Since It Limits The Liability
Of
The Youbble Entities To You. Each Of The Subsections Below Only
Applies Up To The Maximum Extent Permitted Under Applicable Law.
Nothing Herein Is Intended To Limit Any Rights You May Have Which
May Not Be Lawfully Limited. If You Are Unsure About This Or Any
Other Section Of These Terms, Please Consult With A Legal
Professional Prior To Accessing Or Using The Site. By Accessing Or
Using The Site, You Represent That You Have Read, Understood, And
Agree To These Terms, Including This Section. You Are Giving Up
Substantial Legal Rights By Agreeing To These Terms.
-
The site is made available to you on an "as is", "with all faults"
and "as available" basis, with the express understanding that the
Youbble entities may not monitor, control, or vet user content. As
such, your use of the site is at your own discretion and risk. the
Youbble entities make no claims or promises about the quality,
accuracy, or reliability of the site, its safety or security, or the
site content. Accordingly, the Youbble entities are not liable to
you for any loss or damage that might arise, for example, from the
site's inoperability, unavailability or security vulnerabilities or
from your reliance on the quality, accuracy, or reliability of the
business listings, service listings, ratings, comments, reviews
(including their content, order, and display), or metrics found on,
used or made available through the site.
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The Youbble entities' maximum aggregate liability to you for losses
or damages that you suffer in connection with the site or these
terms is limited to the greater of (i) the amount paid, if any, by
you to the Youbble entities in connection with the site in the 12
months prior to the action giving rise to liability, or (ii) $100.
-
The Youbble entities disclaim liability for any (i) indirect,
special, incidental, punitive, exemplary, reliance, or consequential
damages, (ii) loss of profits, (iii) business interruption, (iv)
reputational harm, or (v) loss of information or data.
-
The Youbble entities expressly disclaim all warranties, whether
express or implied, including warranties as to the products or
services offered by businesses listed on the site, and implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement. No oral or written information or advice provided
to you by a representative of one of the Youbble entities shall
create a representation or warranty.
-
The Youbble entities make no claims or promises with respect to any
third party, such as the businesses or advertisers listed on the
site or the site's users. Accordingly, the Youbble entities are not
liable to you for any loss or damage that might arise from their
actions or omissions, including, for example, if another user or
business misuses your content, identity or personal information, or
if you have a negative experience with one of the businesses or
advertisers listed or featured on the site. Your purchase and use of
products or services offered by third parties through the site is at
your own discretion and risk.
-
Your sole and exclusive right and remedy in case of dissatisfaction
with the site, related services, or any other grievance shall be
your termination and discontinuation of access to, or use of the
site.
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CHOICE OF LAW AND VENUE
-
Virginia law will govern these Terms, as well as any claim, cause of
action or dispute that might arise between you and Youbble (a
"Claim"), without regard to conflict of law provisions. For any
claim brought by either party, you agree to submit and consent to
the personal and exclusive jurisdiction, and the exclusive venue of,
the state and federal courts located within Virginia.
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TERMINATION
-
You may terminate the Terms at any time by closing your account,
and
discontinuing your use of the Site.
-
We may close your account, suspend your ability to use certain
portions of the Site, and/or ban you altogether from the Site
for
any or no reason, and without notice or liability of any kind.
Any
such action could prevent you from accessing your account, the
Site,
Your Content, Site Content, or any other related information.
-
In the event of any termination of these Terms, whether by you
or
us, Sections 1, 5, 6, 10 - 14 will continue in full force and
effect, including our right to use Your Content as detailed in
Section 5.
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GENERAL TERMS
-
Any failure on Youbble's part to exercise or enforce any right
or
provision of the Terms does not constitute a waiver of such
right or
provision. The failure of either party to exercise in any
respect
any right provided for herein shall not be deemed a waiver of
any
further rights hereunder.
-
Except as otherwise stated in Section 10 above, nothing herein
is
intended, nor will be deemed, to confer rights or remedies upon
any
third party.
-
If any provision of the Terms is found to be unenforceable or
invalid, then that provision shall be modified to reflect the
parties' intention or eliminated to the minimum extent necessary
so
that the Terms shall otherwise remain in full force and effect
and
enforceable.
-
The section titles in the Terms are for convenience only and
have no
legal or contractual effect.
-
The Terms, and any rights or obligations hereunder, are not
assignable, transferable or sublicensable by you except with
Youbble's prior written consent, but may be assigned or
transferred
by us without restriction. Any attempted assignment by you shall
violate these Terms and be void.
-
The Terms contain the entire agreement between you and us
regarding
the use of the Site, and supersedes any prior agreements between
you
and us on such subject matter. The parties acknowledge that no
reliance is placed on any representation made but not expressly
contained in these Terms.
-
We may provide you with notices, including those regarding
changes
to the Terms by email, phone calls, messages, regular mail or
communications through the Site.
-
We reserve the right to modify, update, or discontinue the Site
at
our sole discretion, at any time, for any or no reason, and
without
notice or liability.