Terms and Conditions
Hi, welcome to youpiss.com. By accessing or
otherwise interacting with our website, servers, services, or any associated
content/postings (together, “YOUP”), you agree to these Terms of Use (“Terms”).
By using YOUP in any way, you are agreeing to comply with the Terms. In
addition, when using particular YOUP services, you agree to abide by any
applicable guidelines for all YOUP services, which may change from time to
time. Should you object to any term or condition of the Terms, any guidelines,
or any subsequent modifications thereto or become dissatisfied with YOUP in any
way, your only recourse is to immediately discontinue use of YOUP. YOUP has the
right, but is not obligated, to strictly enforce the Terms through filters,
self-help, community moderation, active investigation, litigation and
prosecution. In addition, you agree and understand that our privacy policy (youpiss.com/static/privacy) is fully incorporated
into Terms and you agree to abide by them as well.THIS
AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND YOUP . BEFORE
USING YOUP , PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING,
PURCHASING AND/OR SUBSCRIBING TO YOUP, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING YOUP IMMEDIATELY.AGE RESTRICTIONS AND SAFETY. YOUP IS
ONLY AVAILABLE ONLY FOR ADULTS (INDIVIDUALS AGED 18 YEARS OR OLDER).NO USE BY
UNDERAGE PERSONS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS
(TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF
MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE YOUP.YOU
MUST BE A LEGAL ADULT. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE
CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES
WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF
LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS
AGREEMENT.SAFETY. YOUP IS NOT RESPONSIBLE FOR YOUR USE OF THE YOUP OR
FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE
CONTACT.
YOUP DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS USERS. YOUP DOES NOT
VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ HEALTH,
PHYSICAL CONDITION, OR OTHERWISE. YOUP ALSO IS NOT RESPONSIBLE FOR
ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO
CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN
INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY
POTENTIAL ADVERSE CONSEQUENCES.MODIFICATION. We reserve the right, at our
sole discretion, to modify, change or otherwise alter these terms and
conditions at any time. Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on a regular basis to
keep yourself apprised of any changes. You can find the most recent version of
the Terms at: (youpiss.com/static/terms)LICENSE. If you
agree to the Terms and (1) are of sufficient age (18+) and capacity to use YOUP
and be bound by the Terms, or (2) use YOUP on behalf of a business, thereby
binding that business to the Terms, we grant you a limited, revocable,
non-exclusive, non-assignable license to use YOUP in compliance with the Terms;
unlicensed use is unauthorized. You agree not to display, “frame,” make
derivative works, distribute, license, or sell, content from YOUP, excluding
postings you create. You grant us a perpetual, irrevocable, unlimited,
worldwide, fully paid/sublicensable license to use, copy, display, distribute,
and make derivative works from content you post. Use of YOUP beyond the scope
of authorized access granted to you by YOUP immediately terminates said
permission or license. CONTENT. You understand that all content may it be
postings, messages, text, files, images, photos, video, sounds, or other materials
(“Content”) posted on, transmitted through, or linked from YOUP , are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item of content
that you post, email, submit or otherwise make available via YOUP. You
understand that YOUP can not control, and is not responsible for content made
through its services, and that by using YOUP, you may be exposed to content
that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the YOUP site and Content available through the
Service may contain links to other websites, which are completely independent
of YOUP. YOUP makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will YOUP be
liable in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
made available via YOUP.USE. Unless licensed by us in a written agreement,
you agree not to use or provide software (except general purpose web browsers
and email clients) or services that interact or inter operate with YOUP , e.g.
for downloading, uploading, creating/accessing/using an account, posting,
flagging, emailing, searching, or mobile use. You agree not to copy/collect YOUP
content via robots, spiders, scripts, scrapers, crawlers, or any automated or
manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful
postings/communications/accounts are prohibited, as is buying or selling
accounts. You agree not to post content that is prohibited by any of YOUP’s
policies or rules referenced in this agreement. You agree not to abuse YOUP’s
flagging or reporting processes. You agree not to collect YOUP user information
or interfere with YOUP. You agree we may moderate YOUP access/use in our sole
discretion, e.g., by blocking, filtering, re-categorizing, re-ranking,
deleting, delaying, holding, omitting, verifying, or terminating your
access/license/account. You agree (1) not to bypass said moderation, (2) we are
not liable for moderating or not moderating, and (3) nothing we say or do
waives our right to moderate, or not. CONDUCT.You
agree not to post, email, submit, or otherwise make available Content: - a) that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another’s privacy, or is
harmful to minors in any way;
- b) that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
- c) that constitutes, contains, offers or solicits
prostitution; bestiality; child pornography;
- d) that impersonates any person or entity, including,
but not limited to, a YOUP employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision
does not apply to Content that constitutes lawful non-deceptive parody of
public figures.);
- e) that includes personal or identifying information
about another person without that person’s explicit consent;
- f) that is false, deceptive, misleading, deceitful, or
constitutes “bait and switch”;
- g) that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that you do
not have a right to make available under any law or under contractual or
fiduciary relationships;
- h) that constitutes or contains “affiliate marketing,”
“link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,”
or unsolicited commercial advertisement;
- i) that constitutes or contains any form of advertising
or solicitation if: posted in areas of the YOUP sites which are not
designated for such purposes; or emailed to YOUP users who have not
indicated in writing that it is ok to contact them about other services,
products or commercial interests.
- j) that advertises any illegal service or the sale of
any items the sale of which is prohibited or restricted by any applicable
law. A partial list of prohibited items for sale and prohibited services
offered is provided at the end of this document.
- k) that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- l) that disrupts the normal flow of dialogue with an
excessive amount of Content (flooding attack) to YOUP, or that otherwise
negatively affects other users’ ability to use YOUP;
- m) that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
Additionally, you agree not
to:
- n) contact anyone who has asked not to be contacted, or
make unsolicited contact with anyone for any commercial purpose;
- o) “stalk” or otherwise harass anyone;
- p) collect personal data about other users for
commercial or unlawful purposes;
- q) use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download data from the Service
– unless expressly permitted by YOUP;
- r) post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
- s) post the same item or service in more than one
classified category or in more than one metropolitan area;
- t) attempt to gain unauthorized access to YOUPs
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the of the YOUP website; or
- u) use any form of automated device or computer program
that enables the submission of postings on YOUP without each posting being
manually entered by the author thereof (an “automated posting device”),
including without limitation, the use of any such automated posting device
to submit postings in bulk, or for automatic submission of postings at
regular intervals, unless otherwise approved in writing by YOUP; or
- v) use any form of automated device or computer program
(“flagging tool”) that enables the use of YOUP’s “flagging system” or
other community moderation systems without each flag being manually
entered by the person that initiates the flag (an “automated flagging
device”), or use the flagging tool to remove posts of competitors, or to
remove posts without a good faith belief that the post being flagged
violates these Terms.
OUR RIGHT TO TERMINATE YOUR SERVICEWE MAY DELETE YOUR
SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. WE MAY ALSO OCCASIONALLY PUT ACCOUNTS
ON HOLD FOR A REVIEW.YOUP can request that you delete, or YOUP may delete, any
user content at any time for any reason, or no reason whatsoever. Any violation
of the Terms, as determined by YOUP, may result in your account being banned
and may lead to the termination of your access to YOUP.LIQUIDATED
DAMAGES. You further agree that if you violate the USE section, or you
encourage, support, benefit from, or induce others to do so, you will be
jointly and severally liable to us for liquidated damages as follows for: (A)
collecting/harvesting YOUP users’ information, including personal or
identifying information – $1 per violation; (B) publishing/misusing personal or
identifying information of a third party in connection with your use of YOUP without
that party’s express written consent – $1,000 per violation; (C)
misrepresenting your identity or affiliation to anyone in connection with your
use of YOUP – $1,000 per violation; (D) posting or attempting to post
Prohibited Content – $4 per violation; (E) posting or attempting to post
Prohibited Content in any paid section of YOUP – the price per post applicable
to that section of YOUP; (F) sending an unauthorized/unsolicited email to an
email address obtained from YOUP – $25 per violation; (G) using YOUP user
information to make/send an unauthorized/unsolicited text message, call, or
communication to a YOUP user – $500 per text/call/communication; (H) creating a
misleading or unlawful YOUP account or buying/selling a YOUP account – $4 per
violation; (I) abusing or attempting to abuse YOUP’s flagging or reporting
processes – $1 per violation; (J) distributing any software to facilitate
violations of the USE Section – $1,000 per violation; (K) aggregating,
displaying, copying, duplicating, reproducing, distributing, or exploiting YOUP
content for any purpose without our express written consent – $3,000 for each
day you engage in such violations; (L) requesting, viewing, or accessing more
than 1,000 pages of YOUP in any 24-hour period – $0.25 per page during the 24
hour period after the first 1,000 pages; (M) bypassing or attempting to bypass
our moderation efforts – $4 per violation. You agree that these amounts are (1)
a reasonable estimate of our damages (as actual damages are often difficult to
calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to
recover under any legal theory or claim, including statutory damages and other
equitable relief (e.g., for spam, we can elect between the above liquidated
damages or statutory damages under the anti-spam statute). You further agree
that repeated violations of the USE section will irreparably harm and entitle
us to injunctive or equitable relief, in addition to monetary damages.
DISCLAIMER & LIABILITY. To the full extent permitted by law, youpiss.com,
and its officers, managers, directors, employees, agents, licensors,
affiliates, and successors in interest (“YOUP Entities”) (1) make no promises,
warranties, or representations as to YOUP, including its completeness,
accuracy, availability, timeliness, propriety, security or reliability; (2)
provide YOUP on an “AS IS” and “AS AVAILABLE” basis and any risk of using YOUP is
assumed by you; (3) disclaim all warranties, express or implied, including as
to accuracy, merchantability, fitness for a particular purpose, and
non-infringement; and (4) disclaim any liability or responsibility for acts,
omissions, or conduct of you or any party in connection with YOUP. YOUP Entities
are NOT liable for any direct, indirect, consequential, incidental, special,
punitive, or other losses, including lost profits, revenues, data, goodwill,
etc., arising from or related to YOUP, and in no event shall such liability
exceed $100 or the amount you paid us in the year preceding such loss. Some
jurisdictions restrict or alter these disclaimers and limits, so some may not
apply to you. INDEMNITY You agree to indemnify and hold YOUP Entities harmless
from any claims, losses, liability, or expenses (including attorneys’ fees)
that arise from a third party and relate to your use of YOUP; and (3) be liable
and responsible for any claims we may have against your officers, directors,
employees, agents, affiliates, or any other party, directly or indirectly,
paid, directed or controlled by you, or acting for your benefit.
PROHIBITED: Here is a partial list of goods, services, and content prohibited
on MilkSweetMilk.com:
weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
ammunition, clips, cartridges, reloading materials, gunpowder, fireworks,
explosives
hazardous materials; body parts/fluids; unsensitized bedding/clothing
prescription drugs, medical devices; controlled substances and related items
alcohol or tobacco; unpackaged or adulterated food or cosmetics
child pornography; bestiality; offers or solicitation of illegal prostitution
pet sales (re-homing with small adoption fee ok), animal parts, stud service
endangered, imperiled and/or protected species and any parts thereof, e.g.
ivory
false, misleading, deceptive, or fraudulent content; bait and switch; keyword
spam
offensive, obscene, defamatory, threatening, or malicious postings or email
anyone’s personal, identifying, confidential or proprietary information
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
stolen property, property with serial number removed/altered, burglary tools,
etc
ID cards, licenses, police insignia, government documents, birth certificates,
etc
US military items not demilitarized in accord with Defense Department policy
counterfeit, replica, or pirated items; tickets or gift cards that restrict
transfer
lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
spam; miscategorized, over posted, cross-posted, or nonlocal content
postings or email the primary purpose of which is to drive traffic to a website
postings or email offering, promoting, or linking to unsolicited products or
services
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others
Please don’t use YOUP for these purposes, and notify
us when you see anyone doing so. MISC. Users
complying with prior written licenses may access YOUP thereby until
authorization is terminated. Otherwise this is the exclusive and entire
agreement between us and you, and our actions or silence toward you or anyone
else does not waive, modify, or limit the Terms or our ability to enforce it.
The USE, LIQUIDATED DAMAGES, and INDEMNITY sections survive termination of the
Terms, and you will remain bound by those sections. If a Terms term is
unenforceable, it shall be limited to the least extent possible and
supplemented with a valid provision that best embodies the intent of the
parties. The English version of the Terms controls over any translations. If
you reasonably believe content infringes your IP rights, see www.youpiss.com/dcma/.