Terms of Service
Last updated: January 12, 2024
These Yuzu Terms of Service (the "Terms") are a legal contract between you and Yuzu ("Yuzu," "we" or "us"). You represent that you have the power and authority to agree to these Terms. These Terms explain how you are permitted to use the Yuzu mobile application and services, as well as the Yuzu website located at yuzu.la (the "Site") and any content therein (collectively, the "Services"). Unless otherwise specified, all references to the Services include the services available through the Yuzu mobile application (the "App") and the Site, as well as any software that Yuzu provides to you that allows you to access the Services from a mobile device and any other Materials (as defined below). By browsing, accessing, linking, streaming, viewing, using or downloading information from our Services, you agree to these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Services. If you do not agree with any of these Terms, do not access or otherwise use the Services. If you are using the Services on behalf of another person or are a parent or guardian of the minor user of the Services, you represent that you are authorized to accept these Terms on that person's behalf. You may download and / or print a copy of these Terms for your records at: yuzu.la/terms. Important Note: These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Yuzu. You may opt out of the binding individual arbitration and class action waiver as provided below.
Changes to the Terms and the Services
Yuzu may make changes, update, or add or remove provisions to these Terms at any time by posting the updated Terms on applicable Services, or by notifying you via the App or any other method. By using the Services after Yuzu has updated the Terms, you are agreeing to all of the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Services.
In addition, we may, for any or no reason and at our discretion, modify, disable, or discontinue operation of the Services or your access to the Services without notice and without liability to you or any other party. Reasons for termination may include provision of false or misleading registration information, interference with other users or the administration of our services, or violation of these Terms or any of our other policies or agreements. Upon denial of access, you agree not to attempt to access the Services. Termination will not limit any of our other rights or remedies. We also may limit your use of the Services, including, for example, limits on the amount of content you upload or the number of posts you make and your frequency of access.
General Use
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device's geolocation information. We may add or remove the areas in which the Services are not available at any time, without notice to you.
By using the Services, you represent, acknowledge and agree that you are at least 13 years of age. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to the App, the Site or any part of the Services. If you are between the ages of 13 and 18, you may only use the Services with the approval of a parent or guardian.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Intellectual Property
The Services and their entire contents, features and functionality (including, without limitation, all information, software, text, text graphics, displays, images, photos, video, audio, music, songs, recordings, digital downloads, graphics, “look and feel,” trademarks, logos, and trade dress, and the design, selection and arrangement of those elements (collectively, the “Materials”)), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The mark Yuzu and all logos incorporating the mark, and certain of the other names, marks, and logos on the Services are trademarks and service marks owned or controlled by us. All goodwill generated from use of our marks will inure to our exclusive benefit.
Subject to these Terms, Yuzu hereby grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials and the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.
You may use the App for one registered account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Yuzu may from time to time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.
Except for the limited rights expressly licensed in these Terms, Yuzu and its third-party licensors or suppliers retain all right, title, and interest in and to the Services.
Your User Account
In order to use our App, you will be required to create a user account. You are responsible for using the settings available to protect the confidentiality of your personal information. You are responsible for all uses of your account, whether or not you have authorized them. You agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's account information. You agree to promptly notify us of unauthorized use of your account information or any other breach of security that you suspect or become aware of involving or relating to the Services. Our Services may offer you the opportunity to share content on third-party applications or websites. We do not control such services and are not responsible for them. We fully disclaim all liability associated with them.
Third-Party Distribution Channels
Yuzu offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
With respect to Software that is made available for your use in connection with an Apple®-branded product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
You acknowledge that these Terms are between you and Yuzu only, and not with Apple, Inc. ("Apple"), and that as between Yuzu and Apple, Yuzu, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
Your use of the Apple-Enabled Software must comply with Apple's then-current App Store Terms of Service.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Apple-Enabled Software. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Apple-Enabled Software.
You agree that Yuzu, and not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software.
You agree that Yuzu, and not Apple, shall be solely responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim in the event that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using the Apple-Enabled Software (e.g., you must not be in violation of your wireless data service terms of agreement when using the Apple-Enabled Software).
You and we agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms with respect to the Apple-Enabled Software. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately stop using the Services and destroy any downloaded or printed Materials.
Mobile Services
The Services include certain services, including the App and the Site, that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Yuzu and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Yuzu account information to ensure that your messages are not sent to the person that acquires your old number.
Privacy
We respect your privacy and will handle your personal information pursuant to our Privacy Policy. By using our Services, you consent to the collection and use of personal information submitted by you in accordance with our Privacy Policy. You acknowledge that transmission of information by the Internet is never completely secure. Except as otherwise stated in our Privacy Policy, we do not guarantee the security of any information transmitted to or from our Services, including to or from any external sites linked to our Services, and submission of any information to our Services or to any external sites linked to our Services is your risk and responsibility. Without limiting the foregoing, you expressly acknowledge that any Submissions (defined below) you submit to the Services may be viewable by all other users of the Services and any third party.
Submissions
You are responsible for any information, opinions, messages, comments, and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a "Submission"). When you provide Submissions, you agree that those Submissions shall not be in violation of the "Safety" section below or the Community Guardrails. Although Yuzu may, in its sole discretion, monitor, screen, modify, refuse, remove or edit Submissions for any reason, Yuzu is not obligated to do so. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness, and will be solely liable for any damage or harm resulting from your Submissions.
Subject to our Privacy Policy, we may retain your Submissions, even after they have expired from view within the Services or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
Unless otherwise explicitly stated herein or in the Privacy Policy (including personally identifying information, the treatment of which is described in the Privacy Policy), you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Yuzu a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same ("Submission License"). Without limiting the foregoing, you agree that the Submission License gives Yuzu the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Submissions in any and all media or distribution methods, now known or later developed. No use of Submissions in accordance with the Submission License shall entitle you to any compensation from Yuzu, or any third party. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services.
Safety
At Yuzu, we value your safety and try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
You will not violate any law, contract, intellectual property or other third-party right or unlawfully injure another person or their property, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk.
You will not impersonate another person in a manner that is intended to or does mislead, confuse or deceive others.
You will not post or share another individual's private information without their express authorization and permission.
You will not attempt to indicate that you have a relationship with Yuzu or that Yuzu has endorsed you or any products or services.
You will not defame, abuse, bully, harass, stalk, threaten, or otherwise violate the legal rights of others.
You will not use racially or ethnically offensive language.
You will not discuss or incite illegal or violent activity.
You will not post or share Submissions that contain pornography or graphic violence.
You will not post or share Submissions that exploit children or minors or that depict cruelty to animals.
You will not post or share Submissions that violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
You will not disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation.
You will not use any robot, spider, crawler, scraper or other automated means to access the Services.
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You will not use or develop any third-party applications that interact with the Services or Submissions without our prior written consent.
You will not alter the opinions or comments posted by others on the Services.
You will not post or share any image or language that is obscene, vulgar or offensive or that threatens, disparages or demeans any individual or group.
You will not post or share any image or language that promotes discrimination based on race, religion, sex, nationality, disability, sexual orientation or age.
You will not post or share any image or language that violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
You will not attempt to circumvent any of our content-filtering techniques.
You will not post or share anything inappropriate or disruptive to the Services.
You will not disrupt, negatively affect or inhibit users from having a positive experience with the Services.
You will not use the Services in violation of these Terms and/or for any unlawful purposes.
You will not post or share anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not exhaustive or exclusive. Yuzu reserves the right to (a) suspend or terminate access and your ability to post to the Services (or otherwise use the Services), (b) delete, remove or refuse to distribute any Submissions, all with or without cause and with or without notice, for any reason or no reason without liability to you. If Yuzu believes a Submission violates these Terms, it may make that Submission invisible to other users without notifying you. Your Submission will be visible to you,but will not appear for any other user. Yuzu may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Yuzu's discretion, Yuzu will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet. To the extent the law allows, we reserve the right to reveal your identity or any other information we know about you if a complaint or legal action arises from your Submission.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold us and our parents, subsidiaries, and affiliates, and our and their respective officers, directors, members, shareholders, employees, contractors, consultants, agents, representatives, licensors, suppliers, service providers, successors and assigns (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Yuzu or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your phone number or email account to register and/or your password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Public Forums and Interactive Communications
Our Services offer public forums and other interactive communications. Please be aware that these features are public or may be subject to public access. You acknowledge that public forums offered on the Services are for public and not private communications. Please use respect when you interact with others through our Services. You are responsible for the content you post and the consequences of posting the content and your interactions with third parties through our Services. Such dealings are solely between you and such third parties. We urge you to be cautious about these interactions. Your use or reliance on such content is at your own risk, and we are not responsible for it. We reserve the right to remove without notice any posting or communication for any reason, but we have no obligation to delete content that you may find objectionable or offensive. Information and opinions expressed in public forums or other interactive communications by others are not necessarily ours.
Third-Party Content, Links and Information
Our Services may include content posted or uploaded by third parties ("Third-Party Content"). Unless our Services make clear otherwise, we do not claim ownership of Third-Party Content and it does not necessarily express our views. Because it is not content we have posted or uploaded, we are not responsible for Third-Party Content and cannot verify its accuracy, timeliness, completeness or usefulness. We have the right, but not the obligation, to monitor, edit or delete Third-Party Content. Your use or reliance on Third-Party Content is at your own risk, and we are not responsible for it.
If you have a dispute with any other user of our Services or any third party, you agree that the dispute is between you and the third party and we are under no obligation to become involved, and you release us and our parents, subsidiaries, affiliates, members, officers, directors, shareholders, employees, consultants, affiliates, agents, representatives, service providers, licensors, successors, assigns, licensors, and business partners from claims demands, and damages of every kind or nature arising out of, relating to, or in any way connected to such dispute.
Our Services may use third-party trademarks and logos to identify third parties and resources. Our use of these marks does not imply affiliation with or endorsement of the third party. These marks are the property of their respective owners.
You may experience links to third-party materials or other access to other sites that are not owned, controlled or even in relationship with Yuzu. Yuzu has no control over such sites and resources and Yuzu is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Yuzu will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Yuzu has no liability for any loss or claim for use of any third-party website, service, or content while using the Service. If an advertiser were to promote a service or good on Yuzu, your relationship is solely between you and the advertiser. Yuzu is not responsible for any loss or damages from a relationship with the advertiser.
Service Interruptions
We will do our best to provide uninterrupted access to our Services, but we do not guarantee continuous and uninterrupted access to our Services, and operation of our Services may be affected by circumstances outside of our control. You are responsible for providing or obtaining Internet access and any hardware or software necessary to connect to the Internet or use our Site.
Mobile Access
Your access or use of our Services through a mobile device will require wireless service and may require software. Our Services may offer text-messaging capability. You are responsible for these requirements, all applicable charges and fees incurred from them, and the terms of your agreements with your mobile service and telecommunications providers. Not all features of our Services may work with or be permitted by your device or network provider. We are not responsible for the unavailability or delays in wireless, text-messaging, or telecommunications service, or any loss, damage or security breach or disclosure of your information to third parties from use of such services.
Force Majeure
If you or we are prevented from performing or are unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence, but in no event later than 60 days.
Not Professional Advice
The content on our Services is provided for general informational and entertainment purposes only and should not be construed as advice. We do not warrant the accuracy, completeness or usefulness or this information. The content is not intended to, and does not, constitute spiritual, legal, medicinal, financial or professional advice, and may not be used for such purposes. Any reliance you place on such information is strictly at your own risk.