Terms and Conditions | The Youthist

Please read these terms of use carefully before using the services offered by theyouthist.com and its various versions and online entities and services (herein collectively referred to as “The Youthist”, or “Website”). By accessing or using in any manner The Youthist or any other website, service or content owned by, or operated by the Website, you as an individual or as a single user on behalf of the entity that you represent (“you” or “your” as applicable) agree that you have read and agree to be bound by, and a party to, the terms and conditions in this terms of use (“Agreement”) to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all of the terms and conditions of this agreement, you will have no right to use the services or website (as those terms are defined below). Use of the site and services is expressly conditioned upon your assent to all of the terms and conditions of this agreement to the exclusion of all other terms.

Subject to the terms and conditions of this Agreement, the Website may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website (“Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” herein shall include, without limitation, any service the Website performs for you and all materials offered by, displayed on or performed by the Website (“Content”). The Website may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Website may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

The Website reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the Website and notifying users, if possible, thirty (30) days before the new Terms and Conditions become effective. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the services by you following such notification constitutes your acceptance of the terms and conditions of this agreement as modified.

The Website does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to register. If you are under 13, please do not attempt to submit information through the Website or provide any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected].

Some features of the Website may require users to be eighteen (18) years of age or older. If you are under eighteen (18) years of age, you agree that you will not use or attempt to access such features.

You represent and warrant to the Website that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information by contacting us at [email protected] with sufficient information to identify the account that requires changes.

You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website.

This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service.

You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

Youthist.com, all its online versions (including mobile) and Services are offered by the Website from its facilities in Canada. The Website makes no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

WEBSITE CONTENT

The Website and its contents are intended solely for the personal, non-commercial use (except as specifically and expressly agreed in writing by the Website in connection with a specific feature of the Website only) by Website users and may only be used in accordance with the terms of this Agreement. All Content (meaning, all materials offered by, displayed or performed on the Website, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website or Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right. You shall not remove, obscure, or alter any notices or links (e.g., links to the Website’s Privacy Policy and Terms and Conditions Use) on the Website or any of its Services, features or tools.

The Website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, features, tools or Services in whole or in part.

You may download or copy the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Website, or from the copyright holder identified in such Content’s copyright notice.

In the course of using the Services, you and other users may provide information which may be used by the Website in connection with the Services and which may be visible to certain other users. You understand that by posting information, blogs, or other content on the Website or otherwise providing content, materials or information to Website or in connection with the Services, the Website hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, transferable right to fully exploit such content, materials and information (including all related intellectual property rights) and to allow others to do so; however, the Website will only share personally identifiable information that you have not made publicly available in accordance with the Website’s current Privacy Policy at www.theyouthist.com/privacy-policy. Furthermore, you understand that the Website retains the right to reformat, modify, create derivative works of, excerpt, and translate any materials, content or information submitted by you. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Website will not be liable for any errors or omissions in any content. You understand that the Website cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Additionally, the Website cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will the Website be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, trojan horses, and other harmful content and code. You acknowledge that the Website does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. The Website shall have no obligation to monitor any user generated content, however, the Website and its agents reserve the right to monitor user-generated content and may remove or block any content on the Website or through the Services, including disabling access to content that you have downloaded through the Services.

THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS FOR INFORMATIONAL PURPOSES ONLY.

The Website, its Content (such as text, graphics, images, search results, data and information contained therein), Services, and such materials obtained from the Website’s licensors or other third parties, and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment. Neither the author/blogger, WordPress, nor any distributors of this information will be held accountable for the use or misuse of the information contained in this website. Do not ignore professional medical advice or delay in seeking treatment because of anyone or anything on the Website. The author/blogger, WordPress, and distributors of this information are not responsible for any adverse effects or consequences resulting from the use of any suggestions, product reviews, or procedures described in this website. The use of this material is not a substitute for health or professional services. The information presented in this Website is in no way intended as medical advice or as a substitute for medical counseling. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Website does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any such information is solely at your own risk. The Youthist does not assume any liability for the information contained herein, be it direct, indirect, consequential, special, exemplary, or any other damages. The statements made within this website have not been evaluated by any health governing board, including Health Canada and the Food and Drug Administration (FDA). These statements are not intended to diagnose, treat, cure or prevent any disease.

The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

YOUR WARRANTY

You warrant, represent and agree that you will not contribute any Content or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of the Website. The Website reserves the right to remove any Content from the Website or Services at any time, for any reason at all (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). You, not the Website, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website and Services, and you warrant that you possesses all rights necessary to provide such content to the Website and to grant the Website the rights to use such information in connection with the Services and as otherwise provided herein. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:

If a comment is made using your identity or screen name it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not make false or misleading statements.
Do not offer to sell or buy any product or service, or post links to third-party websites, unless expressly authorized to do so by Website in connection with a feature on the Website.
Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.

RESTRICTIONS

You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Website user. Use of the Website or Services to violate the security of any computer network, obtain passwords or security encryption codes, transfer or store illegal material including those deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “SPAM” on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure or reasonable functioning of the Website. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes, duties and/or other governmental assessments associated with your activity on the Website.

WARRANTY DISCLAIMER

The Website has no special relationship with or fiduciary duty to you. You acknowledge that the Website has no control over, and no duty to take any action regarding any of the following: which users gains access to the site; what Content you access via the Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Website from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. The Website makes no representations concerning any content contained in or accessed through the Website, and Website will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Website makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Website, or regarding suggestions or recommendations of services or products offered or purchased through the Website (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Website or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following or as a result of such recommendations and suggestions made on the Website) are provided “AS IS”, without any warranty of any kind from the Website for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PRIVACY POLICY

For information regarding the Website’s treatment of Personally Identifiable Information (PII), please review the Website’s current Privacy Policy at www.theyouthist.com/privacy-policy.

REGISTRATION AND SECURITY

As a condition to using the Services, you may be required to register with the Website and select a password and username (“Website User ID”) to use some of its functions, including making public comments on pages. You agree to provide the Website with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Website User ID a name of another person with the intent to impersonate that person; or (ii) use as a Website User ID a name subject to any rights of a person other than you without appropriate authorization. The Website reserves the right to refuse registration of, or cancel a Website User ID at its discretion. You shall be responsible for maintaining the confidentiality of your password.

INDEMNITY

You will indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless, including from costs and legal fees, and from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party representing “you” or “your” (as applicable) profile or single user account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

In no event shall the Website or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website or the Services or the subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you therefor or $100; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond the Website’s reasonable control. Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

FEES AND PAYMENT

The Website reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. The Website reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Website. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

THIRD-PARTY WEBSITES

The Website may contain links to third-party websites that are not owned or controlled by Website. When you access third-party websites, you do so at your own risk. Website encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website that you visit. Website has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed in any third-party websites. In addition, the Website will not and cannot monitor, verify, censor or edit the content of any third-party website. By using The Youthist, you expressly relieve the Website from any and all liability arising from your use of any third-party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Website, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way related to such disputes and/or our service. If you are a state of California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

TERMINATION

This Agreement shall remain in full force and effect while you use the Website. The Website may terminate your access to the Website (and/or any feature thereof) at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Website. The Website may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Website shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Website’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you, except with the Website’s prior written consent. The Website may transfer, assign or delegate this Agreement and its rights and obligations without consent.

COPYRIGHT DISPUTE POLICY

Website has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (www.lcweb.loc.gov/copyright/legislation/dmca.pdf). It is the Website’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT

If you believe that material or content residing on or accessible through the Website or Service infringes a copyright, please send a notice of copyright infringement to the Designated Agent listed below, containing the following information:.

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Website is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address; 
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is the Website’s policy to remove or disable access to the infringing material;  to notify the content provider, member or user that it has removed or disabled access to the material and  that repeat offenders will have the infringing material removed from the system; and that the Website will terminate such content provider’s, member’s or user’s access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent:  If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Website is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Website may send a copy of the counter-notice to the original complaining party informing that person that Website may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in ten (10) to fifteen (15) business days or more after receipt of the counter-notice, at Website’s discretion.

Please contact the Website’s Designated Agent to receive Notification of Claimed Infringement at the following email address: [email protected].

QUESTIONS

If you have any questions or notices of violation of this Agreement, please get in contact by sending an email to [email protected]

Effective: June 28, 2017