YUDU Terms of Use

Last Modified: May 24, 2021

Acceptance of the Terms of Use

Welcome to YUDU Social. YUDU Social is part of 4Pillars Inc., a Delaware corporation (“Company", "we" or "us"). These terms of use create a binding agreement between you and us (collectively, these "Terms of Use") and govern your access to and use of www.yudusocial.com and the related iOS and Android mobile applications, including any content, functionality and services offered on or through www.yudusocial.com and the accompany iOS and Android mobile applications (collectively “YUDU Social”). Please read these Terms of Use and the other documents referenced carefully. They outline your legal rights on YUDU Social and explain the rights you grant to us when you use YUDU Social. They also describe the rules you and everyone should follow when using YUDU Social.

By using YUDU Social, you accept and agree to be bound and abide by these Terms of Use, and the other documents referenced. If you do not want to agree to these Terms of Use, you must not access or use YUDU Social.

YUDU Social is offered and available to users who are 13 years of age or older. By using YUDU Social, you represent and warrant that you meet the foregoing eligibility requirement. If you are not 13 years of age or older, you must not access or use YUDU Social. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.  Please see Your California Privacy Rights in our Privacy Policy for more information.

YOU AGREE TO THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER DESCRIBED IN THE ARBITRATION AND NO CLASS ACTIONS SECTIONS OF THESE TERMS OF USE TO RESOLVE ANY DISPUTES WITH US (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT AND INJUNCTIVE RELIEF).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time.  When we make material changes to these Terms of Use, we will provide you with notice as appropriate under the circumstances, such as displaying a prominent notice on YUDU Social or by sending you an email. All changes are effective immediately when we post them and apply to all access to and use of YUDU Social thereafter. 

Your continued use of YUDU Social after any revision or update to these Terms of Use means that you accept and agree to the changes. Please make sure to check this page each time you access YUDU Social, so you are aware of any changes, as they are binding on you. If you do not wish to continue using YUDU Social after any revision or update, you may terminate your YUDU Social account by contacting us.

Membership

To use YUDU Social you must have internet access, a device that can access YUDU Social and provide us with a “Method of Payment.” Your membership to YUDU Social will continue and will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period. Your subscription fee and any other charges you may incur in connection with your use of YUDU Social, such as taxes and transaction fees, will be charged monthly to your Method of Payment.  

To use YUDU Social you must provide us with one or more Methods of Payment. You authorize us to charge any Method of Payment associated with your account including the primary Method of Payment and any other Method of Payment associated with your account in case your primary Method of Payment is declined or is no longer available to us for payment of your subscription fee. You will remain responsible for any uncollected amounts. If a payment is not successful, due to insufficient funds, expiration, or other reasons, and you do not cancel your account, we may suspend your access to YUDU Social at any time until a successful charge to a valid Method of Payment is made. Please note that the issuer of your Method of Payment may charge you fees for the processing of your payment.

You can update your Method of Payment at any time by going to the Account page for your account. Following any update, you authorize us to continue making charges to the applicable Method of Payment.

You may cancel your subscription to YUDU Social at any time by going to the Account page for your account and following the instructions for cancellation. You will continue to have access to YUDU Social through the end of your then-current subscription period. A cancellation will take effect the day after the last day of the then-current subscription period. We do not provide refunds or credits for partial subscription periods. You must cancel your subscription before it renews to avoid billing for the next billing cycle.

 We reserve the right to change the price for a subscription to YUDU Social from time to time in our sole discretion. Any price changes will take effect after being communicated to you in advance. Price changes will take effect at the beginning of the next subscription period following the price change. You agree to accept the change by continuing to use YUDU Social after the change takes effect. If you do not agree to the change, you may reject the change by unsubscribing prior to the price change going into effect.

Limitations on Service

Although the Company will take reasonable efforts to keep YUDU Social operating, temporary interruptions may from time to time occur as the result of technical difficulties, maintenance, upgrades or updates, or testing.  We also reserve the right to modify, change, or discontinue functions or features of YUDU Social without liability to you.

Accessing YUDU Social and Account Security

We reserve the right to withdraw or amend YUDU Social, and any service or material we provide on YUDU Social, in our sole discretion without notice. We will not be liable if for any reason all or any part of YUDU Social is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of YUDU Social to users, including registered users.

You and the person whose Method of Payment is used are responsible for:

• Making all arrangements necessary for you to have access to YUDU Social.
• Any activity that occurs through your account.
• Maintaining control over the account and preventing access by unauthorized persons.
• Maintaining control over devices used to access your account and not revealing the password or details of the Method of Payment associated with the account to anyone.
• Updating and maintaining the accuracy of the information you provided.
• Ensuring that all persons who access YUDU Social through your account are aware of these Terms of Use and comply with them.

To access YUDU Social you may be asked to provide certain registration details or other information. It is a condition of your use of YUDU Social that all the information you provide on YUDU Social is correct, current, and complete. You agree that all information you provide to register with YUDU Social is governed by our Privacy Policy, found in Appendix A, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your password protects your account.  You are responsible for keeping it secure and confidential and are responsible for all use of your account on YUDU Social.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to YUDU Social or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

YUDU Social and its contents, features, and functionality (including all information, applications, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are not sold or transferred to you and are owned by the Company, its 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. All YUDU Social trademarks, service marks, tradenames, logos, domain names, and any other features of the YUDU Social brand are the sole property of YUDU Social or its licensors. These Terms of Use do not grant you any rights to use any of them whether for commercial or noncommercial use.

These Terms of Use permit you to use YUDU Social for your use only and not in any manner not expressly permitted by these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, or perform, republish, download, store or transmit any of the material on YUDU Social.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on YUDU Social, please address your request to: info@yudusocial.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of YUDU Social in breach of these Terms of Use, your right to use YUDU Social will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to YUDU Social or any content on YUDU Social is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of YUDU Social not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use YUDU Social only for lawful purposes and in accordance with these Terms of Use. You agree not to use YUDU Social:

• In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries). 
• To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• In any way that is offensive, abusive, defamatory, pornographic, threatening, or obscene.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To copy, redistribute, reproduce, rip, record, transfer, perform or display to the public, broadcast, or make available to the public any part of YUDU Social or its content or otherwise make use of YUDU Social or its content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the intellectual property rights of YUDU Social or its content.
• To transmit, or procure the sending of, "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of YUDU Social, or which, as determined by us, may harm the Company or users of YUDU Social or expose them to liability.

Additionally, you agree not to:

• Use YUDU Social in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of YUDU Social, including their ability to engage in real time activities through YUDU Social.
• “Crawl” YUDU Social or use any robot, spider or other automatic device, process or means (including bots, scrapers, and spiders) to access, view, or collect information from YUDU Social or to artificially promote Content or increase view counts for any purpose.
• Reverse-engineer, decompile, disassemble, modify, or create derivative works of YUDU Social or its content except to the extent permitted by applicable law.
• Remove or alter any copyright, trademark, or other intellectual property notices included in any content or materials or on YUDU Social.
• Use any manual process to monitor or copy any of the material on YUDU Social, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of YUDU Social or circumvent any technology used by YUDU Social, its licensors, or any third parties to protect the YUDU Social content or software.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Circumvent any territorial restrictions applied by YUDU Social or its licensors.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of YUDU Social, the server on which YUDU Social is stored, or any server, computer or database connected to YUDU Social. 
• Attack YUDU Social via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of YUDU Social.

Content

YUDU Social may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "Content") on or through YUDU Social.

All Content must comply with the Content Standards set out in these Terms of Use.

Any Content you post to the site will be considered non-confidential and non-proprietary. By providing any Content on YUDU Social, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

• You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your Content does and will comply with these Terms of Use. 
• You will not use YUDU Social to import or copy any files that you do not have the legal right to import or copy.

You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not YUDU Social, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of YUDU Social. YUDU Social may, but has no obligation to, monitor, review, or edit and Content posted or supplied by a user.  YUDU Social does reserve the right to remove or disable access to any Content for any reason or no reason, including content that in our sole discretion, violates these Terms of Use. 

Monitoring and Enforcement; Termination

We can remove any Content you post on YUDU Social if we believe that it violates these Terms of Use or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of our services to you immediately to protect YUDU Social and its users, or if you create risk or legal exposure to YUDU Social, violate these Terms of Use or repeatedly infringe other people’s intellectual property rights or where we are permitted or required to do so by law. We have the right to remove or restrict access to your Content, services or information that is in violation of these Terms of Use or if we determine that doing so is necessary to avoid or mitigate adverse legal or regulatory impacts to YUDU Social.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through YUDU SOCIAL. YOU WAIVE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS YUDU SOCIAL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YUDU SOCIAL OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YUDU SOCIAL, SUCH OTHER PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on YUDU Social and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all Content. Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:

• Contain any material which is defamatory, threatening, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Intended to or does harass or bully others.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with or violate these Terms of Use and our Privacy Policy [link].
• Be likely to deceive any person.
• Include your password or purposely include any other user’s password or personal data or is intended to solicit such personal data.
• Be illegal or promote any illegal act or activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Include malicious content such as malware, Trojan horses, or viruses or otherwise interfere with any user’s access to YUDU Social.
• Impersonate any person or misrepresent your identity or affiliation with any other person. 
• Involve the transmission of unsolicited mass mailings or other forms of junk mail, chain letters, spam or similar content.
• Interfere with or in any way disrupt YUDU Social, or tamper with, breach or attempt to poke, scan, or test for vulnerability in YUDU Social, Content, or any part thereof.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

You acknowledge and agree that posting any Content that violates these guidelines or that we reasonably believe violates these guidelines may result in immediate termination or suspension of your YUDU Social account.

Copyright Infringement

If you believe that any Content violates your copyright, please see our Copyright Policy [link] for instructions on sending us a notice of copyright infringement. It is the policy of YUDU Social to terminate the user accounts of repeat infringers. 

Reliance on Information 

THE INFORMATION PRESENTED ON OR THROUGH YUDU SOCIAL IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO YUDU SOCIAL, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENT.

YUDU Social may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in Content, and all articles and responses to questions and other Content, other than the Content provided by YUDU Social, are solely the opinions and the responsibility of the person or entity providing the Content. This Content does not necessarily reflect the opinion of YUDU Social. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to YUDU Social

We may update the Content on YUDU Social from time to time, but its content is not necessarily complete or up to date. Any of the Content on YUDU Social may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to YUDU Social

All information we collect on YUDU Social is subject to our Privacy Policy [link], which appears as Appendix A. By using YUDU Social, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Links from YUDU Social

If YUDU Social contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to YUDU Social, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We offer our services only in the United States. YOU MAY USE YUDU SOCIAL ONLY IN THE GEOGRAPHIC LOCATIONS WHERE WE OFFER OUR SERVICES. YUDU Social is based in the State of Alabama in the United States. We make no claims that YUDU Social or any of its content is accessible or appropriate outside of the United States. Access to YUDU Social may not be legal by certain persons or in certain countries. If you access YUDU Social from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from YUDU Social will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to YUDU Social for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, TROJAN HORSES, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF YUDU SOCIAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF YUDU SOCIAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL IS AT YOUR OWN RISK. YUDU SOCIAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YUDU SOCIAL NOR ANY PERSON ASSOCIATED WITH YUDU SOCIAL MAKES AND EXPRESS DISCLAIMS ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AVAILABILITY OF YUDU SOCIAL. WITHOUT LIMITING THE FOREGOING, NEITHER YUDU SOCIAL NOR ANYONE ASSOCIATED WITH YUDU SOCIAL REPRESENTS OR WARRANTS THAT YUDU SOCIAL, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF TROJAN HORSES, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, OR THAT YUDU SOCIAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, YUDU SOCIAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR DISSATISFACTION OR PROBLEMS WITH YUDU SOCIAL SHALL BE TO STOP USING YUDU SOCIAL AND UNINSTALL ANY RELATED SOFTWARE.  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YUDU SOCIAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, YUDU SOCIAL, ANY WEBSITES LINKED TO IT, ANY CONTENT ON YUDU SOCIAL OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH YUDU SOCIAL OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Arbitration

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of this agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of this agreement to arbitrate solely on an individual basis.  NOTWITHSTANDING THE FORGOING, YOU AGREE THAT NOTHING IN THIS AGREEMENT TO ARBITRATE WILL WAIVE, PRECLUDE, OR LIMIT OUR ABILITY TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR TO BRING AN ACTION SEEKING TEMPORARY OR PERMANENT INJUNCTIVE RELIEF IN A COURT OF LAW.

If this agreement to arbitrate is invalid in whole or in part, you and we agree that the exclusive jurisdiction and venue described in the Governing Law and Jurisdiction section of these Terms of Use shall govern any claim arising out of these Terms of Use or your use of YUDU Social.

No Class Actions

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.   YOU FURTHER AGREE THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Indemnification

You agree to defend, indemnify, repay, reimburse, and hold harmless YUDU Social, its affiliates, licensors and service providers, and its and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees of any kind (including reasonable attorneys' fees and costs) arising out of or relating to your breach or violation of these Terms of Use or your use of YUDU Social, including your Content, any activity in which you engage on or through YUDU Social, any use of YUDU Social's content, materials, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from YUDU Social, or your violation of any law or the rights of a third party.

Governing Law and Jurisdiction

All matters relating to YUDU Social and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or YUDU Social shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Columbiana and County of Shelby although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YUDU SOCIAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability

No waiver of by YUDU Social of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YUDU Social to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement and Interpretation

The Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and YUDU Social regarding YUDU Social and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding YUDU Social. 

For purposes of these Terms of Use, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation;" (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.  The headings in these Terms of Use are for reference only and shall not affect the interpretation of these Terms of Use.

Your Comments and Concerns

This website is operated by 4Pillars Inc., 280 Court, Suite 200, Vestavia, Alabama 35243.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [link] in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to YUDU Social should be directed to: info@yudusocial.com.

Thank you for visiting YUDU Social.