This Terms of Use is effective as of December 16, 2018.1. Terms
By using the website https://www.Luyou.com, mobile site or app ("Luyou.com website"), you the user are agreeing to be bound by these Terms of Use, Privacy Policy, Cookie Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Luyou.com website, or to products and services that Luyou.com LLC make available to you through the Luyou.com website (all of which are deemed part of these Terms of Use). By using the Luyou.com website you agree that you are responsible for compliance with any applicable local laws. Accessing the Luyou.com website, in any manner, whether automated or otherwise, constitutes use of the Luyou.com website and your agreement to be bound by these Terms of Use. Your accessing the Luyou.com website for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your "use" of the Luyou.com website or agreement to be bound by these Terms of Use unless your further access or use the Luyou.com website. If you do not agree with any of these terms, you are prohibited from using or accessing the Luyou.com website. The materials contained in the Luyou.com website are protected by applicable copyright and trademark law.
2. Language
a. THE TERMS OF USE, PRIVACY POLICY AND COOKIE POLICY HAVE BEEN PREPARED IN THE ENGLISH LANGUAGE. IN THE EVENT OF ANY INCONSISTENCY ARISING DUE TO TRANSLATION TO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION SHALL APPLY AND BE BINDING UPON LUYOU.COM LLC AND THE USER ("YOU").
b. ALL COMMUNICATIONS AND NOTICES TO BE MADE OR GIVEN PURSUANT TO THE TERMS OF USE, PRIVACY POLICY, COOKIE POLICY AND ANY DISPUTE PROCEEDING RELATED TO OR ARISING HEREUNDER, SHALL BE IN THE ENGLISH LANGUAGE.
3. Privacy Policy
Luyou.com LLC respects your privacy. Please review our Privacy Policy and Cookie Policy. These terms include and fully incorporate our Privacy Policy.
4. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on the Luyou.com website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Luyou.com website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Luyou.com LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. No Unlawful or Prohibited Use
a. As a condition of your use of the Luyou.com website you will not use the Luyou.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Luyou.com in any manner that could damage, disable, overburden, or impair any Luyou.com LLC server, or the network(s) connected to any Luyou.com LLC server, or interfere with any other party's use and enjoyment of the Luyou.com website. You may not attempt to gain unauthorized access to any Luyou.com website, other accounts, computer systems or networks connected to any Luyou.com LLC server or to any of the Luyou.com website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Luyou.com website.
b. The Luyou.com website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, video, audio, and photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material, not limited to text, photographs, audio, and video that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
i. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
ii. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
iv. Upload, or otherwise make available, files that contain images, photographs, audio, videos, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
v. Use any material or information, including images, photographs, audio or videos, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
vi. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
vii. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
viii. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
ix. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
x. Restrict or inhibit any other user from using and enjoying the Communication Services.
xi. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
xii. Harvest or otherwise collect information about others, including e-mail addresses.
xiii. Violate any applicable laws or regulations.
xiv. Create a false identity for the purpose of misleading others.
xv. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
c. Luyou.com LLC has no obligation to monitor the Communication Services. However, Luyou.com LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Luyou.com LLC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
d. Luyou.com LLC reserves the right at all times to disclose any information as Luyou.com LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Luyou.com LLC's sole discretion.
e. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Luyou.com LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, Luyou.com LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Luyou.com LLC spokespersons, and their views do not necessarily reflect those of Luyou.com LLC.
f. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
6. Disclaimer
a. The materials on the Luyou.com website are provided on an 'as is' basis. Luyou.com LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Luyou.com LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Luyou.com website or otherwise relating to such materials or on any sites linked to or from the Luyou.com website. Use of any such linked website is at the user's own risk.
7. Limitations
In no event shall Luyou.com LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Luyou.com website, even if Luyou.com LLC or a Luyou.com LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Accuracy of materials
The materials appearing on the Luyou.com website could include technical, typographical, translation or photographic errors. Luyou.com LLC does not warrant that any of the materials on its Luyou.com website are accurate, complete or current. Luyou.com LLC may make changes to the materials contained on its Luyou.com website at any time without notice. However Luyou.com LLC does not make any commitment to update the materials.
9.Commerce
a. Certain sections of the Luyou.com website may allow you to purchase different types of products and services that are provided by third parties. Luyou.com LLC is not responsible for the quality, accuracy, timeliness, reliability or any another aspect of these products or services. If you make a purchase from a merchant on the Luyou.com website, or on a third party website that you have accessed via a link on the Luyou.com website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and Luyou.com LLC. A merchant may have privacy and data collection policies that are different from Luyou.com LLC. Luyou.com LLC has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Luyou.com website, you may be subject to additional terms and conditions that may apply. Visit that merchant's website and click on its information links or contact the merchant directly. You release Luyou.com LLC and its affiliates, from any damages that you incur, and agree not to assert any claims against Luyou.com LLC or any of its affiliates, arising from your purchase or use of any products or services made available by third parties through the Luyou.com website.
b. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Luyou.com website. You agree to use the Luyou.com website, and to purchase services or products through the Luyou.com website, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself of for another person for whom you are legally permitted to do so. When making a purchase for third party that requires you to submit the third party's personal information to Luyou.com LLC, or the merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
10. Accurate Representation
To access certain features of the Luyou.com website, we may ask you to provide certain information including, but not limited to your name, email address, gender, date of birth, marital status, phone number, mobile number, home address, mailing address, work address, payment information, driver's license, household registration, passport, social media profiles, real time location, language preference, and country of citizenship. You are required to provide truthful information about yourself as requested. If Luyou.com LLC has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Luyou.com LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Luyou.com website (or any portion thereof). Luyou.com LLC's use of any information you provide to Luyou.com LLC as part of the registration process is governed by the terms in the provided Privacy Policy.
11. Responsibility for Your Username and Password
To use certain features of the Luyou.com website, you will need a username and password to create an account. Luyou.com LLC reserves the right to reject or terminate the use of any username that Luyou.com LLC deems offensive or inappropriate. In addition, Luyou.com LLC also reserve the right to terminate the use of any username or account, or to deny access to the Luyou.com website or any features of the Luyou.com website, to anyone who violates these Terms of Use or who, in Luyou.com LLC’s sole judgment, interferes with the ability of others to enjoy the Luyou.com website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify Luyou.com LLC via email at accountrecovery@luyou.com immediately of any unauthorized use of your password or account or anther breach of security, and to ensure that you exit from your account at the end of each session. Luyou.com LLC cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
12. Materials Provided to Luyou.com LLC or Posted at Any Luyou.com Website
a. Luyou.com LLC does not claim ownership of the materials you provide to Luyou.com LLC (including feedback and suggestions) or post, upload, input or submit to Luyou.com or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Luyou.com LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Luyou.com LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission or without; and the right to sublicense such rights to any supplier or partner company of Luyou.com LLC.
b. No compensation will be paid with respect to the use of your Submission, as provided herein. Luyou.com LLC is under no obligation to post or use any Submission you may provide and Luyou.com LLC may remove any Submission at any time in its sole discretion.
c. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
d. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures, audio, videos or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Luyou.com website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of Luyou.com LLC, (including, by way of example, and not as a limitation, making prints, books and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier or partner company of Luyou.com LLC. No compensation will be paid with respect to the use of your Images.
e. In the event that Luyou.com LLC or Luyou.com LLC's assets are acquired, or in the unlikely event that Luyou.com LLC goes out of business or enter bankruptcy, Luyou.com LLC would include, but not limited to Postings, Images, user profile information, demographic information, personal information and all user submitted content among the assets transferred to any parties who acquire Luyou.com LLC. You acknowledge that such transfer may occur, and that any parties who acquire Luyou.com LLC may continue to use your profile information, demographic information, personal information and all user submitted content according to the Terms of Use, Privacy Policy and Cookie Policy.
13. Suspension and Termination of Access
You agree that, in Luyou.com LLC's sole discretion, Luyou.com LLC may suspend or terminate your password, account (or any part thereof) or use of the Luyou.com website, or any part of the Luyou.com website, and remove and discard any materials that you submit to the Luyou.com website, at any time, for any reason, without notice. You agree that Luyou.com LLC will not be liable to you or any third party for any suspension or termination of your password, account (or any part thereof) or use of the Luyou.com website, or any removal of any materials that you have submitted to the Luyou.com website. In the event that Luyou.com LLC suspend or terminate your access to and/or use of the Luyou.com website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
14. Notices and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Luyou.com website in a manner that constitutes copyright infringement, notifications of claimed copyright infringement should be sent to Luyou.com LLC's Designated Intellectual Property Officer via email ip@luyou.com. ALL REQUESTS MUST PROVIDE PROOF OF OWNERSHIP OF INFRINGED MATERIAL AND SAID REQUEST AND INFORMATION MUST BE PROVIDED IN THE ENGLISH LANGAUGE IN ORDER TO RECEIVE A RESPONSE.
15. Notice and Procedure for Requesting User Information for Legal Related Purposes
Luyou.com LLC is required by law to provide user information, and not as a limitation, may included user's identity, contact information, submitted content, communications and website activity when presented with a legally issued court order requesting such. All requests should be sent to Luyou.com LLC's Designated Legal Officer via email address legal@luyou.com. ALL REQUESTS NOT BEING A LEGALLY ISSUED COURT ORDER AND NOT IN THE ENGLISH LANGUAGE WILL NOT RECEIVE A RESPONSE.
16. Unsolicited Idea Submission Policy
LUYOU.COM LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN LUYOU.COM LLC 'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO LUYOU.COM LLC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO LUYOU.COM LLC OR ANYONE AT LUYOU.COM LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT LUYOU.COM LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. Discontinuation of, or Modification to, the Luyou.com Website
Luyou.com LLC reserves the right to at any time to and from time to time to modify or discontinue, temporarily or permanently, the Luyou.com website, or any portion thereof, with or without notice. You agree that Luyou.com LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Luyou.com website or any portion thereof.
18. Modifications to Terms of Use
Luyou.com LLC may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
19. Other
a. These Terms of Use, Privacy Policy and Cookie Policy are governed by and construed in accordance with the laws of the State of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
b. This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or Luyou.com LLC. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Luyou.com website or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.
