YouInc.com Terms of Service
Updated as of October 2, 2013
Welcome to YouInc! We are thrilled to have you access our web sites and use the various services provided. In order to ensure a constructive and useful environment for all of our users, your use is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the Service, so please review these terms carefully.
Some of the terms used in these Terms of Service are capitalized, which indicates that we have given them a specific meaning. Those specially defined terms are as follows:
“ADE” means Arlene Dickinson Enterprises, Ltd.
“Member” means any user who has signed up to the Websites and created a profile
“Profile Information” means your username, date of birth, password and email address, as well as certain information about your business and passions, if you choose to provide that when you sign up
“Service” or “Services” means the social networking, entertainment, content providing and other services offered on the Websites
“Terms” means these Terms of Service
“we”, “us” and “our” means Arlene Dickinson Enterprises, Ltd.
“Websites” means www.youinc.com and any other online or mobile applications and/or services operated by ADE or under the brand “YouInc.”
“You” and “Your” means you, our user
“YouInc.” means Youinc.com
What Are The Terms of Service?
Non-Member & Member Access
You may browse most of the content on YouInc. without becoming a Member, but to get the full use out of the Websites and the Services, and to participate in any promotions we offer, you must register. To do this, you need to create a YouInc. profile. You create a Membership profile by providing us with an acceptable username (which does not have to be your real name), password and email address, and optionally certain information about yourself and your business, interests and passions – all of this is your “Profile Information”. We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Profile Information, and you will be responsible for all activities that occur under your profile, including activities of others to whom you have provided your Profile Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Profile Information secure. If you discover any unauthorized use of your Profile Information or suspect that anyone may be able to access your private information, you should immediately change your password and notify us here.
Once you accept these Terms by accessing the Websites, we grant you access to the content of the Websites and the Services, subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you or as a result of us blocking your access in accordance with these Terms.
Data and Content posted on the Websites – Your Licence to Us
We allow members to upload and share content and information. You own the content and information that you post on the Websites. For any content that is covered by intellectual property rights, including but not limited to photos, videos and written compositions (the "IP Content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with YouInc. or any Website (the "IP License").
What Is The License I Have To Grant To ADE?
In order for YouInc. and the Websites to operate effectively as an interactive forum for entrepreneurs to share ideas, stories, lessons and questions, we have to have control over the content that gets posted. The IP Licence described above means that we can use any information or content that you post to the Websites in any way, including in furtherance of our goal to support, document and encourage the entrepreneurial lifestyle. For example, we may make commercial use and/or otherwise display your user name and/or IP Content in or in connection with media we publish, or endorsements of and/or advertisements promoting our company, our services or related interests, or the services or related interests of our sponsors and partners.
This IP License ends when you delete your IP Content or your profile, unless your IP Content has been shared with others, and they have not deleted the IP Content. We may maintain backup copies of the IP Content, as part of our document retention practice.
The IP Licence means that you retain ownership of the content you post to the Websites, but we can use that IP Content in other ways (such as in a magazine or in other media that we produce or publish) without seeking your permission or compensating you. You will be given authorship credit for creating your IP Content, accredited to your user name. In other words, this means that by using the Services and uploading IP Content, you grant us permission to display, perform and distribute your IP Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers), paraphrase and reproduce such IP Content to enable us to operate the Services or to further disseminate such IP Content. You also agree that we have the right to elect not to accept, post, store, display, publish or transmit any content in our sole discretion and that we may delete any content from the Websites at any time.
You agree that these rights and licenses, including the IP License, are royalty free, irrevocable and worldwide, and include a right for us to make such IP Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose your IP Content to third parties if we determine such access is necessary to comply with its or our legal obligations.
Inasmuch as we rely upon your rights to upload and distribute your IP Content, you represent and warrant to us that you have the unfettered legal rights and authority to submit your IP Content to us, and to make any publication or other distribution of that IP Content in your use of the Websites. You also represent to us that, by submitting IP Content to us and granting us the rights described in these Terms, you are not infringing the rights of any person or third party.
YouInc. utilizes a “social sign-in”, whereby instead of logging on directly to the Websites, users log on through one of several social media sites using their account on that social media site. YouInc. supports social sign-in via Facebook, Twitter, Google+, Yahoo and Linkedin.
Standards of Use
Your use of the Service must be in accordance with these Terms. You agree that you are responsible for your own conduct and all conduct under your Member profile. This means all content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure – created, transmitted, stored or displayed in your Member profile or posted by you anywhere on the Websites, is your sole responsibility as the person who created the content or introduced it into the Websites. This applies whether the content is kept private, shared or transmitted using the Websites or any third party application or services integrated with us.
Without limiting the generality of anything else in these Terms, you agree that you will not post, email or make available any content or use the Websites:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner 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;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous, obscene, unlawful (including without limitation conspiring to violate laws) or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Websites without authorization;
- to interfere or attempt to interfere with the proper working of the Websites or prevent others from using the Websites, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Websites, or that otherwise negatively affects other persons' ability to use the Websites;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Websites or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Websites or to users; and
- other than in any forum created as a marketplace or venue for the solicitation of business, in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- Stalk or otherwise harass anyone;
- 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;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member or to proxy authentication credentials for any Members for the purposes of automating logins to the Websites;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Websites - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org), or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Websites’ infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Websites;
- Use the Websites as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Websites or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Websites.
ADE’s Rights Related to the Websites
We have the following rights in respect of the Websites:
Content Rights: While you own the content you post to YouInc. (subject to the IP Licence), you acknowledge and agree that we (and/or our licensors) own(s) all legal right, title and interest in and to the Websites, including, without limitation, all content (irrespective of the media) and all software comprising a part of the Websites that was developed, licenced and/or purchased by us.
Intellectual Property Rights: In agreeing to these Terms, you also agree that the rights in the Websites, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. ADE’s trademarks and the YouInc. trademarks may not be used in connection with any product or service in any manner that may cause confusion, and may not be copied, imitated or used without our prior written consent.
Right to Modify the Services: We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Websites, including changes that may affect the previous mode of operation or appearance of the Websites. We expect that any such modifications will enhance the overall experience on the Websites, but it is possible that you may not agree with us.
You also acknowledge that a variety of our actions may impair or prevent you from accessing content (including your own) or using the Websites at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Websites.
Right to Engage Third Parties: We may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Websites, and you hereby agree that such third party involvement is acceptable.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Websites, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us here to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, we also reserve the right not to take any action. Under no circumstances will we 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 as a result of the use of, access to, or denial of access to any content on the website.
Response To Copyright Or Other Intellectual Property Violations
If you believe that your intellectual property rights have been violated, please notify us here and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and we do not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.
You are solely responsible for your interactions with YouInc. Members and other third parties with whom you may interact on the Websites. We reserve the right, but have no obligation, to become involved in any way with disputes that may arise.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Children Under 13
At YouInc., we know that entrepreneurialism and the entrepreneurial sprit comes in all shapes and sizes, and that inspired and innovative ideas come from thoughtful people of all ages. We are also concerned for the safety and wellbeing of our younger audience and membership. Accordingly, for any users under the age of 13, we will require verifiable, informed consent from a parent or guardian, reasonably satisfactory to us, in order for that below-13 user to use our Websites. If you are a user who wishes to become a Member, please notify us here and provide the consent of your parent or guardian.
If you are outside of Canada, please ensure that you are complying with any laws applicable to you before submitting any child’s personal information or permitting any child to submit personal information to us, or use the Websites.
Data Storage and Protection
The Websites are available worldwide, but our data processing operations take place in Toronto, Ontario, and our data is stored in servers in Dallas, Texas. We use Secure Socket Layer (SSL) encryption to protect all data sent between our servers and a user’s browser. All the traffic is encrypted using either 128 or 256 bit RSA encryption, depending on what is supported by a users browser. Your password is stored one-way encrypted, meaning that we do not have access to it.
As a Member, you may, at any time, cancel your Membership by sending an email to the us here, requesting to terminate your Membership. We’ll take it from there.
We may suspend access to your profile, or close your profile, with or without notice according to these Terms. Reasons for our suspending or closing your profile may include, without limitation: (i) breach or violation of these Terms, (ii) an extended period of inactivity (determined in our sole discretion), (iii) unexpected technical or security issues or problems, or (iv) any other reason that we, in our sole discretion, determine constitutes cause for the suspension or closure of a profile.
Submitting Ideas or Business Opportunities To ADE
We love to hear from our innovative and passionate membership, and appreciate the numerous investment and business partnership submissions that we receive on a daily basis. However, due to the volume of submissions, we cannot undertake confidentiality obligations with respect to unsolicited submissions. Accordingly, when you submit any ideas, suggestions, documents, business plans and/or proposals to us through the investment proposal submission links in the “Investments” page, or through any other mechanism (collectively, “Contributions”), you acknowledge and agree that unless and until definitive documents for a formal due diligence review are in place, signed and in writing: (i) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (ii) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iii) we may have something similar to the Contributions already under consideration or in development; and (iv) you are not entitled to any accounting, compensation or reimbursement of any kind from us, under any circumstances.
We review and consider each investment and business partnership submission in as timely a manner as possible, given the volume received.
Third Party Advertising
We will display advertisements, promotions and special offers on or in connection with the Websites, some of which may be paid for by our sponsors and business partners.
Advertising or other messaging content we provide will be based upon information provided by the third parties identified in or associated with the advertisement, and accordingly we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Websites, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
The Websites and the Services are made available by ADE for educational and entertainment purposes only, to provide a networking platform for entrepreneurs and to provide general information and understanding of the subject matter covered by the content we make available. Neither the Websites nor the Services provide specific advice about market trends, the selection and retention of advisors, the advantages of investing in securities versus other types of investments, nor do they recommend or endorse any transaction involving securities. By using the Websites and the Services, you understand that there is no relationship between you and ADE, nor any of its affiliates, principals, employees or their respective successors. ALL MEMBERS SHOULD BE AWARE THAT ANY OFFERS TO PURCHASE OR SELL SECURITIES BY OUR MEMBERS, THROUGH OUR WEBSITE OR OTHERWISE, MUST COMPLY WITH APPLICABLE PROVINCIAL AND FEDERAL SECURITIES LAWS.
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, SPECIFIC ADVICE OF ANY KIND ON ANY PARTICULAR MATTER. IF YOU REQUIRE ADVICE IN RELATION TO ANY BUSINESS OPERATIONS, INVESTMENT STRATEGY, TRANSACTION OR ANY MATTER INVOLVING AN OFFER TO PURCHASE OR SELL ANY, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
We may include or recommend third party resources and/or links to third party websites and applications. We have no control over such sites or developers and, accordingly, you acknowledge and agree that: (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
The Websites Are Available “As Is.”
You expressly understand and agree that:
(a) Your use of the Websites is at your sole risk. The websites are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied.
(b) No advice or information, whether oral or written, obtained by you from us or through or from the Websites shall create any warranty and shall be relied upon at your sole risk.
You agree to indemnify and hold ADE, its subsidiaries, affiliates, and sponsors, and our and their respective officers, agents, employees, agents and successors harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of the Websites, any violation of these Terms or any other actions connected with your use of the Websites (including all actions taken under your profile). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for your profile, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Limitation of Liability.
You expressly understand and agree that ADE, its subsidiaries, affiliates and sponsors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible loss (even if we have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Websites; (ii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (iii) statements or conduct of any third party on or using the Websites; (iv) ADE’s actions or omissions in reliance upon your Profile Information and any changes thereto; (v) your failure to protect the confidentiality of any passwords or access rights to any of your Profile Information; (vi) any advertising content or your purchase or use of any advertized product or service; (vii) the termination of your profile in accordance with the these Terms; or (viii) any other matter relating to the Websites. Only those limitation which are lawful in your jurisdiction will apply to you and our liability is limited to the maximum extent permitted by law.
Changes to Terms
We may revise, amend, or modify these Terms from time to time. If we make any changes to the Terms, we will change the "Updated as of" date above. If such changes are material (determined in our sole discretion) an email advising of such changes may be sent to all Members, but we are not obligated to send such notice.
If we do update these Terms, you are free to decide whether to accept the revised terms or to stop accessing the Websites and using our Services; your continued use of the Services after the effectiveness of an update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature of you and us, which written agreement shall not include an email.
Notices From Us
We may provide you with notices by direct messages or postings on the Websites; please ensure that your Profile Information is up to date.
Notices To Us
We want to hear from you! Except where these Terms specifically provide for use of a different means or address for notice, any general notices or inquiries to us should be delivered by email to email@example.com, and any requests with respect to specific investment opportunities should be sent through the relevant application form here. This contact information may be updated as part of any update to these Terms.
If you are unable to deliver notice via email, you may send a notice to us at the following address:
504 Wellington Street West
Attention: YouInc.com Administration
You acknowledge and agree that each affiliate of ADE shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
USE OF THE WEBSITES CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
Update Effective Date: October 2, 2013