YouAreCreators provides a personalized subscription service that allows our members to access digital video content ("YouAreCreators content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("YouAreCreators ready devices").
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH YOUARECREATORS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
- ○ 1.1. Your YouAreCreators membership will continue month-to-month and automatically renew until terminated. To use the YouAreCreators service you must have Internet access and a YouAreCreators ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).
- ○ 1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your YouAreCreators membership by visiting our website and clicking on the "Account" link.
- ○ 2.1. Your YouAreCreators membership may start with a free trial. Free trial eligibility is determined by YouAreCreators at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent YouAreCreators membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent YouAreCreators membership to determine eligibility. For combinations with other offers, restrictions may apply.
- Free Trials
- Billing and Cancellation
- ○ 3.1. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website.
- ○ 3.2 By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update change this information at anytime by logging into your video library, and clicking the settings tab under the username.
- ○ 3.3 Receipts are sent once the charge is successful to the registered email account. Your Uscreen.tv subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
- ○ 3.4. Cancellation. You can cancel your YouAreCreators membership at any time, and you will continue to have access to the YouAreCreators service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched YouAreCreators content. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for YouAreCreators using your account with a third party as a Payment Method and wish to cancel your YouAreCreators membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the YouAreCreators service through that third party. You may also find billing information about your YouAreCreators membership by visiting your account with the applicable third party.
- ○ 3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- ○ 4.2. The YouAreCreators service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your YouAreCreators membership, we grant you a limited, non-exclusive, non-transferable right to access the YouAreCreators service and view YouAreCreators content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- ○ 4.3. You may view YouAreCreators content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
- ○ 4.4. The YouAreCreators service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of YouAreCreators content. You can at any time opt-out of tests by visiting the "Account" page and changing the "Test participation" settings.
- ○ 4.5. Some YouAreCreators content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- YouAreCreators Service
- Username / Password / Security.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify YouAreCreators of any unauthorized use of your username and password.
- Disclaimers of Warranties and Limitations on Liability
6.1 THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- 6.2 YOUARECREATORS DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOUARECREATORS IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
- 6.3 YOUARECREATORS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
- 6.4 THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, YOUARECREATORS DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON YOUARECREATORS’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
- 6.5 YOUARECREATORS TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS YOUARECREATORS RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND YOUARECREATORS’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
- 6.6 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER YOUARECREATORS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS YOUARECREATORS TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
- 6.7 YOUARECREATORS IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
- Arbitration Agreement
- ○ 7.2. If you elect to seek arbitration or file a small claim court action, you must first send to YouAreCreators, by certified mail, a written Notice of your claim ("Notice"). The Notice to YouAreCreators must be addressed to: General Counsel, YouAreCreators, Inc., PO Box 47976, Tampa, FL 33647.
- ○ ("Notice Address"). If YouAreCreators initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by YouAreCreators, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If YouAreCreators and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or YouAreCreators may commence an arbitration proceeding or file a claim in small claims court.
- ○ 7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after YouAreCreators receives notice at the Notice Address that you have commenced arbitration, YouAreCreators will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
- ○ 7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless YouAreCreators and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
- ○ 7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of YouAreCreators's last written settlement offer made before an arbitrator was selected (or if YouAreCreators did not make a settlement offer before an arbitrator was selected), then YouAreCreators will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- ○ 7.6. YOU AND YOUARECREATORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YouAreCreators agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- ○ 9.2. Feedback. YouAreCreators is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the YouAreCreators service, including the YouAreCreators website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the YouAreCreators service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
- ○ 9.6. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last updated: APRIL 5, 2019