Website Terms of Use

Updated: September 1, 2016

GENERAL
This Website Terms of Use Agreement (“Agreement”) governs your access and use of the website operated by YouEarnedIt, Inc., a Delaware corporation (“YEI,” “our,” “us,” or “we”) and located at www.youearnedit.com (the “Website”). By accessing, browsing, and using this Website, you (“you”) agree that you have read, understood, and accept this Agreement. By continuing to read and visit the website, you (1) accept this Agreement; (ii) agree to be bound by the terms herein; and (iii) have entered into a binding agreement between you and YEI.

This Agreement does not govern your use of any products or services offered by third parties, or any products or services that may be offered by YEI, from or in connection with the Website, or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and/or services as a condition to receiving such products and/or services.

GOVERNING LAW

THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS OF ANY STATE OR JURISDICTION.

USE OF THE WEBSITE
You may only use this Website, its content (“Content”) and the YEI Service (“Service”) for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet Websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. YEI is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the Website or the features hereof. YEI may, but is not obligated to, monitor your use of the Website.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by YEI, unless you have been specifically allowed to do so in a separate agreement with YEI. You may not use your username and password for any unauthorized purpose. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with YEI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that YEI has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which YEI may suffer) of any such breach.

Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that YEI shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. YEI has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

You shall not transmit to YEI or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

YEI does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to YEI. If YEI discovers that a person under the age of 13 has provided YEI with any personal information, YEI will use commercially reasonable efforts to delete such person’s personal information from all YEI systems.

INTELLECTUAL PROPERTY
This Website is controlled and operated by YEI from within the United States. YEI makes no representations that materAny material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by YEI for any purpose whatsoever. Your privacy is extremely important to YEI; therefore clear declaration of the YouEarnedIt Privacy Policy is located here. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with YEI’s Privacy Policy. By providing any personal information to YEI, you are agreeing to the terms and conditions set forth in the YEI Privacy Policy.The Content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the Content is modified and any and all legal legends are retained. You may not “mirror” any Content contained within this Website without our express prior written consent. Except as stated herein, none of the Content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. YEI does not grant you any licenses, express or implied, to the intellectual property of YEI or its licensors except as expressly stated in this Agreement. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, YEI shall own such content and material and you hereby assign any rights in such content and material to YEI. In the event ownership in the content or material cannot be granted to YEI, you grant YEI and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant YEI, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold YEI and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

Your privacy is extremely important to YEI; therefore clear declaration of the YouEarnedIt Privacy Policy is located here. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with YEI’s Privacy Policy. By providing any personal information to YEI, you are agreeing to the terms and conditions set forth in the YEI Privacy Policy.The Content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the Content is modified and any and all legal legends are retained. You may not “mirror” any Content contained within this Website without our express prior written consent. Except as stated herein, none of the Content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. YEI does not grant you any licenses, express or implied, to the intellectual property of YEI or its licensors except as expressly stated in this Agreement. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, YEI shall own such content and material and you hereby assign any rights in such content and material to YEI. In the event ownership in the content or material cannot be granted to YEI, you grant YEI and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant YEI, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold YEI and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, YEI shall own such content and material and you hereby assign any rights in such content and material to YEI. In the event ownership in the content or material cannot be granted to YEI, you grant YEI and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant YEI, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold YEI and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

TRANSMISSION OF CONTENT AND YOUR PRIVACY
Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by for any purpose whatsoever.

Your privacy is extremely important to YEI; therefore clear declaration of the YouEarnedIt Privacy Policy is located here. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with YEI’s Privacy Policy. By providing any personal information to YEI, you are agreeing to the YEI privacy policy.

FEEDBACK

At your discretion, you may provide feedback to YEI concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to YEI. In the event ownership in the Feedback cannot be granted to YEI, you grant YEI at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that YEI may disclose that Feedback to any third party in any manner and you agree that YEI has the ability to sublicense all Feedback in any form to any third party without restriction.

INTERNATIONAL USE

This Website is controlled and operated by YEI from within the United States. YEI makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States’ Government is subject to restrictions as set forth in applicable laws and regulations.

LIMITATION OF LIABILITY
THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YEI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. YEI MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, JONESSPROSS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YEI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YEI OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF YEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YEI AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $25, EVEN IF YEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MODIFICATIONS
YEI may modify this Agreement at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

TERM AND TERMINATION
This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement. YEI may stop may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at YEI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if YEI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

ADDITIONAL TERMS AND CONDITIONS
The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. YEI may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

GENERAL
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “YouEarnedIt” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. YEI shall not be liable to you for any delay or failure of YEI to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of YEI. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

If for any reason the arbitration provisions contained herein are inapplicable the state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the exclusive jurisdiction of such courts and waive any venue objection.

COPYRIGHT POLICY
If you believe that your work has been copied and posted on the Website or used in one of our services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and primary email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in such notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send any notices of suspected Copyright Infringement issues to copyright@youearnedit.com and reference “Copyright Issues” in the subject line. ve information in such notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send any notices of suspected Copyright Infringement issues to copyright@youearnedit.com and reference “Copyright Issues” in the subject line.