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Terms of Use

The following Terms of Use govern your access and use of Youtopik.com website and services.

1.- General Agreement

Please read this terms of use carefully before using Youtopik.com website or services. Your use of any part or aspect of the website and related services will constitute your agreement to comply with this Terms of Service and rules. If you do not agree to all the terms and conditions, then you may not access or use Youtopik.com website or services.

These Terms and our Privacy Policy are the entire an exclusive agreement between Youtopik.com and you regarding the usage of the website and services and supersede any prior agreements between Youtopik.com and you regarding the usage of the website and services.

Also note that these Terms can change periodically without previous notice. Please check back regularly in order to see the latest effective version of this Terms.

You can also review our Privacy Policy which describes the way we treat any personal information you provide to us.

2.- About the Service

The website and services are made available to you for your personal, non-commercial use only. You may not modify, reproduce, license, distribute, publish or sell any information associated with the website or services without written permission from Youtopik.com.

You are responsible for your use of the website and services and the content you publish. The content you submit, post or publish will be viewed by other users and third parties.

You also agree not to interfere, overwhelm or attack Youtopik.com's hardware or software components in any way that would cause any service disruption.

3.- User Conduct

3.1.- User Registration

You will be able to register an account with us. You may not:

  1. a) Use your account to impersonate another person.
  2. b) Use another person's account without appropriate authorization or for purposes different of those authorized by the owner of the account.

For your own security, we encourage you to use complex passwords with your account. You are responsible for safeguarding the password you use to access our website or services and for any actions done under your password.

We reserve the right to delete any account at any time for any reason or no reason at all.

Mass or automated registrations are not allowed at this moment.

3.2.- Website usage and user conduct

You agree not to use the website or services for any unlawful purpose or for the posting or distribution any "Prohibited Content".

Examples of Prohibited Content are:

  • Content that promotes racism, bigotry, hatred of physical harm of any kind.
  • Content that is infringing, libelous, defamatory, obscene, pornographic.
  • Content that infringes any law or right of any third party.
  • Content that harasses or advocates harassment of another person or group of people.
  • Content intended to obtain personal information of any person.
  • Content intended to obtain private information, such as passwords, of other users.
  • Content that promotes or endorses illegal activities.
  • Content that violates anyone's privacy.
  • Content that involves the sexual exploitation of people under the age of 18 (any sexual representation of minors is strictly forbidden)
  • Content that contains viruses, trojan horses or any other kind of malware.
  • Content that violates anyone else's intellectual property and/or copyright or trade secret laws.
  • Content that constitutes junk mail, spam or commercial offers.

Youtopik.com may remove any content and user accounts at any time for any reason or no reason at all.

We do not guarantee the accuracy, truthfulness or reliability of any content submitted by our users. By using the service you acknowledge you may be exposed to content that may be offensive, harmful or inappropriate for you.

3.3.- Content submitted or uploaded by the users

By posting messages, uploading files or inputting any type of data or communications to our website or services you warrant that you own all the rights to that content and you grant us a royalty-free, perpetual, non-exclusive, universal license to all the posted content and information that allows us to transmit, redistribute, edit, display, sell or even sublicense such content to anyone. The above does not apply to the content on external sites linked to by the submissions to our website or services.

4.- Minors under 13 years old

Youtopik.com is not intended for users under the age of 13. We don't knowingly accept any information submitted by users under that age.

5.- Copyright and Intellectual Property

Youtopik.com respects the intellectual property rights of others and ask our users to do the same. We will always respond to claims of alleged copyright infringement provided to us that comply with all applicable laws.

If you believe that your work has been copied and posted on our website or services in a way that constitutes copyright infringement, please notify us to: contact@youtopik.com. Your notification must contain the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted content.
  2. Identification of the individual copyrighted content (or list of copyrighted materials) claimed to have been infringed.
  3. An indication or description of where the allegedly infringing material is located in our website or services.
  4. Contact information: name, address, telephone number and e-mail address of the complaining party.
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A written statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you misrepresent that the material is infringing your copyright, you may be liable for damages, including costs and attorney's fees.

6.- Indemnity

You agree to defend, indemnify and hold harmless Youtopik.com, its parents, subsidiaries, agents, affiliates, costumers, vendors, officers, employees and third party service providers from any claims and liabilities (including attorneys' fees) from any claim or demand made by any third party due to your access or usage of the site (including your content submissions, comments, messages, file and data uploads and downloads), your unauthorized use of any content, data or material obtained through the website, your violation of the Terms of Use or any infringement by you or any third party using your account ID of any intellectual property or other right of any person, organization or entity.

7.- Warranty disclaimers

You use the service at your own risk. You release Youtopik.com from any and all liability for your usage of the site and services. Youtopik.com is only a service provider and will not be responsible or liable for the accuracy, legality, copyright compliance or appropriateness of any content or material accessed, contained or obtained through the website or related services.

YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. We make no warranty of our services and will not be held responsible for any harm to your computer system, loss of data or other harm that results from your access or use of the website or services. We make no warranty that the services will meet your requirements or be error free, secure or uninterrupted.

8.- Links

The website and services may contain links to third party websites or resources. As we have no control over such sites, you understand and agree that Youtopik.com is not responsible for the availability, accuracy or legality of such external sites or resources, its content or products. You also agree that we don't endorse any such external websites or resources and that you assume any and all risks arising from your usage of such websites.

9.- Limitation of Liability

YOUTOPIK.COM AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER TANGIBLE OR INTANGIBLE LOSSES, ALLEGEDLY RESULTING FROM (i) THIS AGREEMENT; (ii) THE USE OF OR INABILITY TO USE OR ACCESS THE WEBSITE OR SERVICES; (iii) INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE; (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

BY USING THE WEBSITE OR SERVICES YOU AGREE TO RELEASE YOUTOPIK.COM, ITS AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR SERVICES.

10.- Termination

We reserve the right to terminate or suspend any and all services or accounts immediately without prior notice or liability. We can also suspend your ability to access the site and services, for any or no reason, without notice.

All provisions of the Terms of Use should survive termination, including without limitation, content ownership provisions, warranty disclaimers and limitations of liability.

Effective: October 15, 2011