On this page, you will find YouHue's:
- Student Data Privacy Statements
- Terms of Service
Last updated: May 30, 2018
Student Data Privacy Statements
We work hard to ensure YouHue is a safe place for our students, and protecting their data is a top priority. We comply with current data protection law, which includes the EU's GDPR.
Student records, student information, and student-generated content (collectively, “student data”) are not the property of, or under control of, YouHue.
Student data is only processed after their school's representative has confirmed that their parent or guardian as signed and returned the permission form which explains what YouHue is and what we do for classrooms.
A student's parent/guardian (or the student him/herself if over 16 years of age) has the right to withdraw consent at any time and request the removal of their data.
Data processed by YouHue is used for the sole purpose of helping teachers and parents better understand the needs of their students and to help students better understand emotions, practice communicating about their emotions, and managing their individual needs.
YouHue does not share data with any other parties beyond 1.) the student's school, 2.) the student's parent/guardian, and 3.) the YouHue data team.
Data collected: student name (we use first name/last initial or first initial/last name as often as possible), student class assignment, student school, and student's YouHue communications.
We protect your data, but it belongs to you. As a parent/guardian/school representative, you have the right to contact us (email@example.com) to ask questions about your student's data, alert us to an issue with the data, request a copy of your student's data, or request that your student's data be removed.
We respond to all requests within 7 business days (usually within 24 hours), and we comply with requests within 48 hours of confirming changes with 1.) the parent/guardian of the student 2.) the representative of the student's school.
Procedures by which a student, parent, or guardian may (a) review personally identifiable information in student records, student information, or student- generated content and (b) correct erroneous information, if any:
A student, parent, or guardian may contact the teacher or administrator at their school who is responsible for the student’s participation in the YouHue program.
This teacher or administrator can then request the materials from YouHue, or inform of the erroneous information to be corrected, via email at firstname.lastname@example.org or email@example.com.
YouHue will provide the materials, or confirmation of the correction, to the teacher or administrator.
The teacher or administrator passes the materials, or confirmation of the correction, on to the student, parent, or guardian.
YouHue shall take actions designed to ensure the security and confidentiality of student information, student records, and student-generated content.
YouHue has never had a data breech and we operate using some of the most advanced data protection technology available. In the unlikely case a data breech occurs, the school and parents/guardians of all impacted students will be notified within 7 days (most likely within 48 hours).
Procedures that YouHue will follow for notifying a local or regional board of education when there has been an unauthorized release, disclosure, or acquisition of student information, student records, or student-generated content:
YouHue will notify the board of education point of contact immediately upon confirmation of such an event. The notification will be made through email and phone.
Student information, student records, or student-generated content shall not be retained or available to YouHue upon completion of the contracted services unless a student, or parent or legal guardian of the student, choose to establish or maintain an electronic account with the contractor for the purpose of storing student- generated content.
Please read this Policy carefully. Your access to or use of any part of the Services will constitute your notice about our collection, use, and disclosure of your information in accordance with this Policy. If you do not wish for us to collect, use, and disclose your information in accordance with this Policy, please do not access or use the Services.
By using the Services, you are consenting to:
• the collection, use, and processing of information collected from the online accounts you connect to the Service;
• the sharing of anonymous transaction information with third parties;
• the sharing of personal information, including transaction information, with service providers and vendors;
This policy applies to information we collect:
i. through any of our Services;
ii. in email, text or other electronic messages between you and this App or Website;
iii. through mobile and desktop applications you download from this App or Website or from an application merchant, which provide dedicated non-browser-based interaction between you and this App or Website.
iv. when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
This Policy applies solely to information collected by us through the Services and does not apply to any third-party activities, including third-party websites linked from our Services, third-party social networking platforms or features we make available through our Services, or third-party ads displayed on our Services. We are not responsible for the privacy practices or content of such third parties. We encourage you to read the privacy statements of those third parties.
YouHue is the responsible party or data controller regarding Personal Information collected through our Services. If you have any questions or concerns at any time about your data or privacy, please email us at firstname.lastname@example.org.
YouHue collects general and personal information about you when you use our Services and through other interactions and communications you have with us. We consider personal information to be information that can be traced directly back to and that identifies a specific individual or household, such as name, email address, and/or phone number, non-exclusively. We do not consider personal information to include information that alone does not allow a third party to easily identify a specific individual or household.
Children’s Online Privacy Protection Act (“COPPA”)
The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Children under the age of 13 are prohibited from using certain features of the Services without Consent.
We are committed to protecting children’s online privacy and complying fully with COPPA. We do not collect any personally identifiable information anywhere on the Sites or Apps except where expressly stated. We believe that children should be able to use the Internet in a safe, productive and efficient manner and should be afforded the highest protection available with respect to their Personal Information.
REGISTERING AN ACCOUNT
To set up a YouHue Edu account, Users are provided with a unique code by the YouHue Team. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we ask for their age, and if they are under 13, we also ask for a parent or guardian’s email address to request parental consent. We do not ask Users who are under the age of 13 to enter any other personal information when setting up an account.
HOW DOES YOUHUE PROTECT CHILDREN’S PERSONAL INFORMATION
Protecting children’s privacy is especially important to us. COPPA protects the online privacy of children under the age of 13 (“child” or “children”); for more information about COPPA and generally protecting children’s online privacy, please visit OnGuard Online.
We take many special precautions to protect the privacy of children under 13.
• Consistent with the requirements of COPPA, we also ask for the child’s age, and a parent or guardian email address from the child so we can seek verifiable parental consent or provide parental notice (as applicable).
• We will not use parent emails provided this way to market our Services to the parent, unless the parent has opted in to email marketing or has separately created an account on our Services.
• At our websites, online services or apps intended for children, we do not collect personal contact information (like full name, e-mail address, phone number or home address) from children (the “Personal Information”) without the consent of a parent or legal guardian, except in limited circumstances authorized by law.
• We do not disclose any personal information about children to third parties, except to service providers necessary to provide the Service, as required by law, or to protect the security of the Service or other Subscribers.
• We collect some information (like IP address, mobile device UDID, operating system, etc.) automatically and use technology like cookies to provide functionality and support our operations. YouHue does not permit interest-based advertising on Sites or Apps directed to children under 13 or where we have actual knowledge that a child is under 13.
• We do not ask for more Personal Information than is necessary for a child to participate in an activity.
• We take steps to prevent children from posting or publicly disclosing Personal Information.
• Information collected from Children (including personal information and information collected automatically) is never used or disclosed for third party advertising or for any first- or third-party behaviorally targeted advertising, and children’s personal information is never sold or rented to anyone, including marketers or advertisers.
• If we discover that we have collected information from a child in a manner inconsistent with COPPA, we will take appropriate steps to either delete the information, or immediately seek the parent’s consent for that collection.
• Parents can ask us to update or delete their children’s Personal Information. Parents can also revoke their consent and refuse the further use or collection of Personal Information from their child.
HOW DO WE NOTIFY PARENTS?
• We let the parent know through the YouHue Permission Form that the parent’s consent is required for the collection, use, or disclosure of any personal contact information for the child (the “Personal Information”), and that we will not collect, use, or disclose any Personal Information from the child if the parent does not provide such consent;
• We set forth the additional items of Personal Information that we may collect from the child, or the potential opportunities for the disclosure of Personal Information, should the parent provide consent;
• We let parent know how the parent can provide verifiable consent to the collection, use, and disclosure of the information.
WHAT CHILDREN’S INFORMATION IS VISIBLE TO OTHERS?
YouHue is a platform that allows Users to share information about their current moods to other Users. Children will be able to share their current moods with selected friends, family and teachers. That is all. No personal information about Children will be made public, ever.
HOW LONG DOES YOUHUE KEEP CHILDREN’S INFORMATION?
We only keep a Child’s personal information for as long as his or her account is active, unless we are required by law to retain it, need it to ensure the security of our community or our Service, or to enforce our Terms. YouHue operates a 2-tier Child data protection policy to protect all Children’s information:
• Minimal information: As mentioned before, YouHue collects the minimal amount of information from Children necessary to create accounts on our Service. Consistent with the requirements of COPPA, we ask Children for their age, and a parent or guardian’s email address if they are under 13 years of age so we can seek verifiable parental consent or provide parental notice (as applicable). Beyond this information, the YouHue student account does not allow Children the ability to enter any additional personal information to set up an account. In addition to the information entered by the child, we automatically collect some information from any use of our Service as set forth in the “Information Collected Automatically” section.
• One-year deletion policy for mood logs.
To protect Children, YouHue sets limits on how long Children's mood statuses are retained. For all Children, mood logs older than 12 months are automatically deleted, unless their parent chooses to retain them by creating their own associated account.
• Deleting inactive accounts:
If a Child’s account is inactive for twelve months or more (meaning the Child has not given a mood status update for twelve months or more) YouHue will automatically delete the student account, including all personal information provided by the Parents of the Children.
If you are the parent or legal guardian of a Child who has created a YouHue account and you did not receive an email seeking your consent or providing notice (as per COPPA), you can email us at email@example.com to have that child’s account deleted.
Any parents who want copies of their children’s personal information that we may have stored can contact us either by sending an email at firstname.lastname@example.org. At any time, parents can refuse permission to collect further personal information from their Children, and can request that we delete the personal information we have collected from their child by contacting us at email@example.com. Please keep in mind that deleting records may require us to terminate the account in question. Also remember that before we can share the information with you, or delete it per your request, we will need to verify your identity, for example by requiring that you provide acceptable forms of personal identification.
Process for parents accessing, deleting or withdrawing consent:
Should a parent wish to access or delete the information we've collected from their children they can do so by emailing us at firstname.lastname@example.org.
The email must contain all of the following :
1) the parent and account holder's email address
2) the child's first and last name
3) The parent's relationship to the child.
4) Proof of identity of the parent.
INFORMATION YOU PROVIDE TO US
There are currently two categories of Users on our Service: Children and other Users. We describe the information collected from Children under 13 in the section above. For other Users, we collect and store the following types of information:
• Contact Information: When you choose to provide us with your personal information through the Service in some other manner (e.g. when you send us an email asking a question, submit a support request, participate in a video testimonial about our Service, or choose to participate in any research efforts with YouHue to improve the Service).
INFORMATION COLLECTED AUTOMATICALLY
The technologies and information we automatically collect include:
• Cookies and other similar technologies: A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We (or our service providers) may use various technologies to collect and store information when you visit our Service including, clear GIFs (also known as “web beacons”), “tags”, “scripts”, and “cookies”. We use both session and persistent cookies: a session cookie disappears after you close your browser; a persistent cookie remains after you close your browser (although it can be removed) and may be used by your browser to identify you on subsequent visits to the Service. We may also use, collect and store information locally on your device using mechanisms such as browser web storage. Like many services, YouHue uses these technologies to tailor the Service for you, and to help the Service work better for you.
• Device information: We collect device-specific information such as your operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers. This helps us measure how the Service is performing, improve YouHue for you on your particular device, and send you push notifications if you’ve opted in to receive them.
• Log information: Like most online services, when you use our Service, we automatically collect and store certain information in our server logs. Examples include things like: Details of how you used our service, such as your activity on the Service, and the frequency and duration of your use of the YouHue App; IP Address; Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. This information helps us make decisions about what we should work on next - for example, by showing which features are popular.
HOW DOES YOUHUE USE THE INFORMATION IT COLLECTS?
We may use the Information we collect to:
• Administer the Services;
• Improve your browsing experience by the Services;
• Enable your access and use of parts of the Services;
• Send you general (non-marketing) commercial communications;
• Send you email notifications, which you have specifically requested;
• Send you our newsletter and other marketing communications relating to our business, which we we think may of interest to you, by post or, where you have specifically agreed, by email;
• Deal with enquiries and complaints made by or about you relating to the Services.
• Anonymous data may be used in internal business purposes or marketing /press purposes or its publication in the press.
• Provide and improve the Services, for example by developing new products and features
• To protect our community by making sure the Services remain safe and secure
We will not use your Information to:
• Provide to any third parties for the purpose of direct marketing, without your express consent;
• For marketing purposes, without your express consent.
• YouHue does not permit marketing directed to children under 13 or where we have actual knowledge that a child is under 13.
• We never share Personal Information that we receive online from or about children under 13 with third parties.
We do not sell or rent any of your, or your child’s, personal information to any third party for any purpose - including for advertising or marketing purposes. We use the information we collect from you to provide you with the best YouHue experience.
WILL YOUHUE SHARE ANY INFORMATION IT COLLECTS?
• Other Subscribers You Share and Communicate with on YouHue: No Children’s profiles are made available to the general public through the Services. Users’ mood logs are only shown to other Users to whom you have added on YouHue via username or are connected on Facebook.
• Third-party integrations on our Service: When you use third-party apps, websites or other services that use, or are integrated with, our Service, they may receive information about what you post or share. For example, when you invite others via Facebook, these services receive the information that you share through this functionality, and information that you are sharing from YouHue. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
• Analytics Services: We use analytics services, including mobile analytics software, to help us understand and improve how the Service is being used. These services may collect, store and use information in order to help us understand things like how often you use the Service, the events that occur within the application, usage, performance data, and from where the application was downloaded. A current list of analytics providers that we use is located HERE [PLEASE INSERT HYPERLINK] .
• Aggregated Information and Non-Identifying Information: We may share aggregated, non-personally identifiable information publicly, including with the press for example, to demonstrate how YouHue is used, spot industry trends, or to provide marketing materials for YouHue. Any aggregated information shared this way will not contain any personal information.
• Legal Requirements: We may disclose personal information if we have a good faith belief that doing so is necessary to comply with the law, such as complying with a subpoena or other legal process. We may need to disclose personal information where, in good faith, we think it is necessary to protect the rights, property, or safety of YouHue, our employees, our community, or others, or to prevent violations of our Terms of Service or other agreements. This includes, without limitation, exchanging information with other companies and organizations for fraud protection or responding to government requests. Please see our Disclosures Section Below.
• With your consent: Other than the cases above, we won’t disclose your personal information for any purpose unless you consent to it. Additionally, as discussed above, we will never sell or rent your personal information to advertisers or other third parties.
This refers to disclosures to our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out below.
We may disclose your Information:
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
• To the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling;
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information.
• For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.
• In the unlikely event that YouHue goes out of business, or files for bankruptcy, we will protect your personal information, and will not sell it to any third party.
HOW DOES YOUHUE PROTECT AND SECURE MY INFORMATION?
We take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Information. We store all the Information you provide on our secure (password- and firewall-protected) servers. In addition, your YouHue account is protected by a password. We will not ask you for your password except when you log into YouHue. You can help us protect against unauthorized access to your account by keeping your password secret at all times.
The security of your personal information is important to us. We work hard to protect our community, and we maintain administrative, technical and physical safeguards designed to protect against unauthorized use, disclosure of or access to personal information. In particular:
• Our engineering team is dedicated to keeping your personal information secure
• We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
• We continually develop and implement features to keep your personal information safe - for example, when you enter any information anywhere on the Services, we encrypt the transmission of that information using secure socket layer technology (SSL/TLS) by default;
• We ensure passwords are stored and transferred securely using encryption.
• We automatically delete inactive Children’s accounts after a specific period of time.
Data transmission over the internet is inherently insecure, and we cannot guarantee the full security of data sent over the internet. Although we make concerted good faith efforts to maintain the security of personal information, and we work hard to ensure the integrity and security of our systems, no practices are 100% sure. Outages, human error, system failure, unauthorized use or other factors may compromise the security of user information at any time. If we learn of a security breach, we will attempt to notify you electronically (subject to any applicable laws) so that you can take appropriate protective steps; for example, we may post a notice on our homepage (www.YouHue.com) or elsewhere on the Service, and may send email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
INTERNATIONAL DATA TRANSFERS
HOW CAN I ACCESS AND MANAGE MY PERSONAL INFORMATION?
YouHue aims to provide you with easy access to any personal information we have collected about you. If that information is incorrect, we give you easy ways to update it, or to delete it, unless we have to keep that information for legitimate business (e.g., we need at least an email address for your account) or legal purposes.
• Updating Your Information: You may update, correct, or delete some of your profile information or your preferences at any time by logging into your account on YouHue and accessing your account settings page. You may have to verify your identity before you can do that. You may also, at any time, update, correct, or delete certain personal information that you have provided to us by contacting us at email@example.com. We will respond to your request within a reasonable timeframe. Please note that while your changes may be reflected promptly in active content, users that have previously accessed the content may still have access to old copies cached on their device or may have copied and stored your content. In addition, we may retain a backup copy of the prior version for a limited period of time or for legal purposes.
• Accessing Your Child’s Information: You may update your Child’s information by logging into their account YouHue and updating it in their account settings page. You may also send us an email at firstname.lastname@example.org.
HOW CAN I DELETE MY ACCOUNT?
If for some reason you ever want to delete your YouHue account (or your child’s YouHue account, if you are his or her parent), you can do that at any time by contacting us at email@example.com.
When you delete your account, we delete your profile information and any other content you provide in your profile (such as your username, password, and email address). Information that you have shared with others, others have shared about you, or content other users may have copied and stored, is not part of your account and may not be deleted when you delete your account.
WHAT COMMUNICATIONS WILL I RECEIVE FROM YOUHUE?
If you registered on YouHue, provided an email to us, or otherwise opted-in to receive communications from us, we may send you messages and updates regarding your account, including privacy and security notices, updates regarding the Service, and information regarding products, features or services from YouHue. These communications may include, but are not limited to, social media updates, SMS/MMS messages, push notifications, email, and postal mail. If you have an account with us, we’ll also use your email address to contact you for customer service purposes, or for any legal matters that arise in the course of business.
We may receive a confirmation when you open an email from us if your device supports it. We use this confirmation to help us understand which emails are most interesting and helpful. You can always unsubscribe from receiving any of our email or other communications whenever you’d like by clicking the “Unsubscribe” link at the bottom of any YouHue email, or sending an email to firstname.lastname@example.org.
In addition, if we ever make significant changes to the types of personal information we collect from children, or how we use it, we will notify parents in order to obtain parental consent or notice for those new practices.
THIRD PARTY WEBSITES
The Services may contain links to other websites. We are not responsible for the privacy policies or practices of third party websites.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits Subscribers of our software and services that 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 e-mail to email@example.com.
DO NOT TRACK SIGNALS
Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communications. There is no standard that governs what, if anything, websites should do if they receive these signals. YouHue currently does not respond to "Do Not Track" browser signals or similar mechanisms. If and when a standard is established, we may revise our policy on responding to these signals. Third parties may collect personal information about your online activities over time and across sites when you visit the Sites or use the YouHue Service.
Our Services are owned and operated by or on behalf of YouHue, Inc., a Delaware Company with offices at:
16192 Coastal Hwy
Lewes, DE 19958
A SPECIAL NOTE FOR PARENTS AND LEGAL GUARDIANS:
If you have any concerns, please email us at: firstname.lastname@example.org
A SPECIAL NOTE TO KIDS:
If you are under 13, you should get your parent's or legal guardian's permission before giving out your contact information, like e-mail address or phone number, or any other Personal Information, to YouHue or to anyone else.
Terms of Service
If you are under the age of 13, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
1. ACCESS TO THE SERVICES
The Services offered from time to time by Company in connection therewith are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you, solely for your own use, and not for the use or benefit of any third party. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website and/or Application. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
We authorize you, subject to these Terms, to access and use our Services, as defined below, solely for your personal use of the Services, and may not be used for any commercial or other purposes. This license is revocable by us at any time without notice and with or without cause.
You may not use the Services and you may not accept the Terms if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. We do not knowingly allow the use of our Services by children under.
2. COLLECTION AND STORAGE OF INFORMATION
In order to register to use our Services, you must either, log into your Facebook account, or provide an email address, username and password. For YouHue Edu users, the YouHue Team will provide them with a unique 6-digit login code. We do not collect or store your Facebook account login information, but we do collect and store certain information from your Facebook profile in order to create your YouHue profile. Such information includes but is not limited to your full name, profile picture and friends list. You agree to provide true, accurate, current, and complete information, and keep your information accurate, current, and complete. If we have reasonable grounds to believe that your information is untrue, we may suspend or terminate your account.
4. ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your YouHue account name (email address) and password and/or Facebook account name (login name or email address) and password and are fully responsible for all activities that occur under your account and password. You agree to not hold us liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. Please immediately notify us of any unauthorized use of your YouHue account and/or Facebook account used to register for our services.
5. CHILDREN UNDER THE AGE OF 13
If you are a Child accessing the Services, the following terms apply to you:
(i) Only Children under the age of 13 who have been given access to the Services by their Parents may use the Service. You may not access or use the Service unless you are given access to the Services by your Parent or Parents.
(ii) We request minimal personal information to be provided from Children under the age of 13 to sign up for an account on the Services: name, username, password, and age or date of birth. If you are under 13 years of age, we also collect your parent’s email address so that we can provide notice or obtain consent for you to use the Services. If you are a Child, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Services.
(iii) The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Children under the age of 13 are prohibited from using the Services without Consent. For that reason, the signup flow for the Service requests the age of each new User. By registering, you promise that you provided your real age during your signup, and you are either (a) over the age of 13 or (b) you gave us your parent or legal guardian’s actual and current email address, and that any response sent to Company in response comes from your parent or legal guardian.
6. PARENTS OF CHILDREN UNDER THE AGE OF 13
If you are the parent of a Child who wants to create an account on the Service, then the following terms apply to you:
(i) If your child is under the age of 13, Consent must be given in order for your child to create a YouHue account. This Consent may be obtained from you viathe YouHue Permission Form on email. If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your Consent, you can email us at email@example.com to have that child’s account deleted.
(iii) You agree that we may send you messages, alerts, and other communications through the Services, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Services, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.
7. SERVICES CONTENT
Our Services, and their contents, are intended solely for the use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, and illustrations, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
Our Services are protected under the Copyright Act. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person or company from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
9. THIRD PARTY WEBSITES
BY USING THE SERVICES, YOU EXPRESSLY RELIEVE AND HOLD HARMLESS COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. YOUR INTERACTIONS WITH ORGANIZATIONS AND/OR INDIVIDUALS FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ORGANIZATIONS AND/OR INDIVIDUALS. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS SITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT COMPANY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Finally, you will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations. You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy. You will not post content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not facilitate or encourage any violations of this Agreement or our policies.
You agree that by us providing you the Services for free, you grant us the exclusive right to work with you to promote brands and/or products on through our Services. This exclusive right covers all advertisements and promotional activities of any kind involving the Services.
12. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The services, content, website, products and services obtained through the website, and any software, are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non- infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you.
We may modify, terminate, suspend, or otherwise adjust functions or features, without prior notice
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Application, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
15. LAW AND FORUM DISPUTES
This Agreement will be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a Federal court located in New York, except as otherwise agreed by the parties or as described in the Arbitration paragraph below. You agree to submit to the personal jurisdiction of the courts located within the County of New York, State of New York for the purpose of litigating all such claims or disputes.
Any claim (excluding claims for injunctive or other equitable relief) shall be resolved exclusively by binding non-appearance-based arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), but the parties do not necessarily intend for the AAA to administer the arbitration. The arbitration will take place in New York and the internal laws of the State of New York (other than conflicts of laws rules) and of the United States of America shall apply. Part or all of the arbitration may be conducted by telephone or based on written submissions, and will not require the personal appearance of the parties or any witnesses unless otherwise agreed by the parties. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules. If such costs are finally determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties or failing such agreement within 14 days from the delivery of the original arbitration demand, each party shall select one arbitrator and the two selected arbitrators shall mutually agree upon the selection of a third arbitrator within 30 days from the delivery of the original arbitration demand. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction. Nothing in this Agreement will prevent a party from seeking injunctive or other equitable relief with respect to the infringement, misappropriation or other violation of such party’s intellectual property or other proprietary rights in any court of competent jurisdiction. In the event the foregoing agreement to arbitrate is deemed unlawful, void, or for any reason unenforceable with respect to any claim, dispute or controversy, then you agree that any such claim, dispute or controversy shall be filed and adjudicated only in the state and federal courts located in New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
17. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO US OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
WE ARE NOT LIABLE FOR ANYTHING THAT HAPPENS TO YOU THAT SOMEHOW MAY BE CONNECTED TO YOUR USE OF OUR SERVICES. IF YOU USE OUR SERVICES IN A WAY THAT CAUSES US TO BE INCLUDED IN LITIGATION, YOU AGREE TO PAY ALL LEGAL FEES AND COSTS WE INCUR.
You further agree and understand that we have no liability for the loss of any information you may chose to store in your Facebook account used to register for our Services or in your YouHue account, in the event your computer or mobile device is sold, lost or stolen.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR SERVICES.
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. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
19. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
◦ A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
◦ Identification of works or materials being infringed;
◦ Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
◦ Contact information about the notifier including address, telephone number and, if available, email address;
◦ A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
◦ A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
It is Company's policy:
◦ to remove or disable access to the infringing material;
◦ to notify the content provider, member or user that it has removed or disabled access to the material; and
◦ that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
◦ A physical or electronic signature of the content provider, member or user;
◦ Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
◦ A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
◦ Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address:
16192 Coastal Hwy
Lewes, DE 19958
If you have any questions, complaints or claims with respect to our Services, you may contact us at firstname.lastname@example.org.