WELCOME TO YUBO
The YUBO Application (the “YUBO App”) allows you to make new friends. The YUBO App is developed and operated by TWELVE-APP SAS, a French company (société par actions simplifiée) registered with number 810 283 507 SIRET and having its registered offices located 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE (“TWELVE-APP,” “we,” or “us”).
United States Residents: PLEASE NOTE THAT SECTION XI OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN YOU AND TWELVE-APP MAY BE RESOLVED.
I. ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the YUBO App and our related websites, content, services, applications, and products (the “Services”).
You may use the Services only if you agree to form a binding contract with us. You must be at 13 years old to use the Services. If you are between the ages of 13 and 17, you must have the consent of your parent or legal guardian to use the Services.
The content of these Terms may vary from time to time. We will make reasonable efforts to notify you of material changes to the Terms, but we encourage you to check the Terms frequently to learn about any changes. Your continued use of the Service after any changes to the Terms constitutes your acceptance of the amended Terms.
II. CREATING YOUR USER PROFILE
If you are the legal representative of a minor YUBO user and you want to contact us, send us a message using the online form available in the section “Safety Center” of the website www.yubo.live.
While creating a profile user, you must provide us with correct information and may not create an account using any identity other than your own. In the event that your access to the Services has been suspended, interrupted or somehow blocked or removed by TWELVE-APP, you are not allowed to create a new user profile.
It is important for you to provide accurate information about yourself, including your age. TWELVE-APP uses your age and other information about you to provide an environment that promotes positive and safe user experiences. As part of these efforts, we may limit or restrict how users communicate and interact, including by setting restrictions on how users in different age groups (e.g., 13-17-year-old users’ interactions with users who are 18 or older) communicate and interact. We may change these features of the Services at any time.
III. PAID SERVICES
The creation of your user profile and access to the standard features of the YUBO App is free. To enrich your experience, you can nevertheless choose to purchase additional features.
YuBucks: you can purchase YuBucks to unlock additional features which may be active for a certain amount of time (to allow you, for example, to increase your visibility on the App for 30 minutes). You can also subscribe to receive, each month, a certain amount of YuBucks.
Power Pack: the Power Pack is a premium subscription that gives you a certain amount of additional features every month.
The YuBucks and the Power Pack are collectively the “Paid Services”. The characteristics of Paid Services and their prices are specified in the YUBO App or elsewhere on the Services.
You have no right to a refund for your purchase of any Paid Services, as the Paid services have been duly performed by us upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have use of the Paid Service available immediately and that you are not entitled to cancel this purchase, or waive your right of withdrawal regarding this purchase
IV. INTELLECTUAL PROPERTY
TWELVE-APP is the exclusive owner of all rights relating to the Services and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the Services. TWELVE-APP is also the sole owner of rights to the brand YUBO.
TWELVE-APP grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive authorization to access and use the Services for private use. Downloading and/or using the Services App does not confer any rights (intellectual property or other) over the YUBO App. Any other copy, reproduction, representation, use, distribution, or reutilisation of these or other elements of the Services without the authorization of TWELVE-APP is liable to legal proceedings, in particular for trademark infringement.
The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the Services, including any other constituent element (including software or source code), is prohibited without the authorization of TWELVE-APP and/or of the applicable regulations.
The Services may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by TWELVE-APP at our sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionality of the Services, either with regard to their existence or their operation.
V. CONTENT PROVIDED BY THE USER
You grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, for the purposes of services relating to the Services (I) any information, photos, videos, or other content exchanged within the scope of the use of the Services, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content.
For the same purposes and exclusively for those purposes, you give similar consent to use any content generated within the scope of the Services (in particular within the Live Chat service) which you may have broadcast publicly through a third-party or parties. In the context of this authorization, you agree that TWELVE-APP may, for instance, use this content for the promotion of the YUBO App on Social Networking sites on which this content has previously been broadcast by us.
If you believe that any content posted on the Services infringes your copyright, please notify us by using the form here or contacting our designated copyright agent at TWELVE-APP SAS, 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE.
VI. YOUR USE OF THE SERVICES
You agree to obey all applicable laws and regulations when you use the Services.
You may not do any of the following while accessing or using the Services:
- Post unsolicited commercial communications;
- Collect information, data, or content belonging to other users without their consent;
- Post content or broadcast any message that infringes on the rights of third parties (in particular their intellectual property rights), or that is of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying or intimidation of other persons. To this end we remind you that any photos of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of the user account from which they originated, without prejudice to any other remedies available to us or criminal proceedings which may arise from such postings;
- Use the name, the voice or the image of any person without their permission;
- Modify the operation of the Services or inhibit access to them;
- Interfere with any security measures protecting the Services or disrupt (or attempt to disrupt) access to the Services by any means including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Use automated means to collect information from Services;
- Use the YUBO App in an illegal, dishonest, malicious and/or discriminatory manner.
You agree to read and obey our Community Guidelines.TWELVE-APP reserves the right to delete any manifestly illicit content which may be brought to our attention within the conditions required by law and/or which we judge to be in contravention of these Terms. This same shall apply in the case of a lawful order in a relevant jurisdiction.
You accept full responsibility for any action, content, information or data which you may upload, download, post, send, or keep within the scope of the use of the Services. If you harm TWELVE-APP through the content you post, you will be required to compensate TWELVE-APP for any damages, losses or expense caused by your words or actions.
VII. YOUTUBE FUNCTIONALITY PROVIDED
When you make a live video from your user profile, you have the ability to view and share live YouTube video. Search suggestions and the YouTube search bar are accessible directly from the YUBO App.
VIII. NOTIFICATIONS AND REPORTS
- Notification of illicit content
In our quality as host, and role as a provider of the Services, we are not under a general obligation to monitor the information that we store. You nevertheless have the possibility to notify us of content you consider illicit. To be taken into account, any notification should be addressed by registered letter with proof of delivery to:
TWELVE-APP – Safety Center
Notification of illicit content
59 rue de Ponthieu, bureau 562
75008 Paris FRANCE
To be valid, this notification must contain the following elements:
- The duly completed notification form available on the site www.yubo.live under the page “Safety Center”;
- A copy of the correspondence addressed to the author or editor of the litigious information or activity requesting they cease, remove or modify that content, or proof that it was not possible to contact the author or editor.
Only complete notifications will be considered valid. You retain the right to notify the competent authorities of any content you consider illicit.
- Reporting content constituting an affront to human dignity or criminal offences
In compliance with applicable laws, we are participating in the fight against the following offences:
- Distribution of any child sexual abuse materials;
- Apology for or denial of crimes against humanity;
- Distribution of content promoting discrimination, hate or violence against a person group of persons by virtue of their origin, sex, sexual orientation or identity, or disability;
- Distribution of message of a violent or pornographic nature, or which constitute an affront to human dignity, or which encourage minors to participate in games which may place them in physical danger accessible to minors, when this content is liable to be viewed or accessed by a minor;
- Incitement to, or apology for terrorism;
- Incitement to gamble;
- Incitement to suicide.
We have put in place an easily accessible means of alerting us to any content of this nature of which you may become aware within the scope of the YUBO App.
Simply complete the report form found on the website www.yubo.live on the “Safety Center” page, as well as in the YUBO App.
- Reporting inappropriate content
In order to provide a safe and comfortable user experience, we have also put in place a system of community moderation that allows you to report any content on the Services you feel is inappropriate.
If you want to report the content of a user profile that is not one of your friends, click on the shield icon and select one of the options.
If you want to report the profile of a user who is one of your friends, click on the shield icon of that friend’s profile and select one of the options.
This system is designed to improve your user experience with the Services but does not remove your duty to follow the instructions in these Terms to report illicit and offensive content, in particular as mentioned in sections VIII.1 and VIII.2 above.
IX. LIMITATION OF LIABILITY
You use the Services at your own risk. You understand and agree that TWELVE-APP provides the Services to you on an “AS IS” and “AS AVAILABLE” basis. TWELVE-APP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Furthermore, we make no warranty or representation and disclaim all responsibility and liability for: (a) errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services, in particular as a result of events on the internet; or (b) and disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services.
Access to and use of the Services may be temporarily interrupted due to maintenance or technical updates.
TWELVE-APP accepts no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the YUBO App, its content and/or the illicit use by a third-party of the data or other rights of a user.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TWELVE-APP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OR INABILITY TO USE THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SERVICES; IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. WHEN ALLOWED BY THE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TWELVE-APP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Any violation of these Terms or any use which may present a risk (legal, technical or other) may result in the deletion of the profile of the user which is the origin thereof. In the case of any dispute, TWELVE-APP is free to decide to block or deactivate the profile of a user and thereby their access to the Services, and this at the sole discretion of, and without prior notice by TWELVE-APP. Moreover, TWELVE-APP may delete your profile if you have been inactive on the Services for more than twelve (12) months.
You are free to terminate your relationship with TWELVE-APP relating to your use of the Services. You simply need to delete your user profile.
XI. DIVISIBILITY AND WAIVER
The failure to demand the execution of a condition in these Terms, or to do so belatedly shall not be interpreted as a waiver on the part of TWELVE-APP to demand the respect of that condition by the user or a third-party.
These Terms constitute the whole legal agreement between you and TWELVE-APP and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
XII. COMPETENT JURISDICTION
For any claim or dispute, the user is invited to contact TWELVE-APP in the first instance at support.yubo.live in order to allow an amicable solution to be found.
In accordance with the French consumer code, TWELVE-APP subscribes to the FEVAD Mediation service who can be contacted at:
FEDERATION E-COMMERCE ET VENTE A DISTANCE
60 rue de la Boétie 75008 PARIS
The user can call upon this service on condition of having previously contacted TWELVE-APP directly at the address indicated above. Following this preliminary procedure, the user may contact the mediation service for any dispute with TWELVE-APP not resolved with the latter.
Also, in accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the European Union by extrajudicial means. This service can be accessed at the following address: https://webgate.ec.europa.eu/odr/
- Arbitration and class action waiver for U.S. residents
This Section XII.2. applies to you only if you reside in the United States.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You understand that by this agreement you are waiving your right to bring a claim in court or in front of a jury.
The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall apply the law of the jurisdiction in which you reside.
Arbitration Agreement. Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration, except that you or TWELVE-APP may assert a claim in small claims court if such claim qualifies.
To begin an arbitration proceeding, send a letter to 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE or contact us here. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. You or TWELVE-APP may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the jurisdiction of your residence, and failure to follow the foregoing provision is grounds for vacating the decision or award.
This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.
Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in the county in which you reside. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting such location, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.
Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND TWELVE-APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
This Section XII.2. shall survive termination, expiration, or rescission of these Terms.
XIII. APPLICABLE LAW
The Terms are subject to French law and interpreted in French. Except as provided for U.S. residents in Section XII.2., any dispute not resolved by the means indicated above shall be subject to the corresponding competent jurisdiction at the court in the place of residence of the user within one of the Member States of the European Economic Area.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Last updated: July 27th, 2021