Youtropolis User Agreement

This User Agreement is effective December 1, 2021

Thank you for your interest and participation in Youtropolis. On behalf of all parties who have contributed to the development of our Services, welcome to the liberation! We are happy you are here.

This User Agreement and the Terms it sets forth are meant to benefit and create a safe space for all users, so they are important to read and offered here to give you a comprehensive understanding of our rights and Service to you, and your rights and responsibilities related to what you can and cannot do when accessing or using Youtropolis Services. To learn more about how we collect, use, or may share your personal information, please read our Privacy Policy.

Whether you are a registered “Member” who has registered to use our Services or a “Visitor” who is accessing our Services either incidentally or intentionally, we want you to have the most rewarding user experience possible. So, please read the following Terms carefully and in full. If you decide that you do not wish to be legally bound by these Terms in their entirety, please discontinue your access and use of Youtropolis, including Youtropolis website, apps, and all related activities.

1. The Services We Offer You

Youtropolis is a socially-powered safety net that crowdsources the best in everyone to create more happiness and well-being in life. Because we believe that doing good for each other is the only way into our collective future, our Services promote a lifestyle fueled by kindness, caring, and innate wisdom.

By accessing or using the Services, you acknowledge that you’ve read, understand, and accept that this User Agreement and the legal Terms and conditions it sets forth constitutes a legally binding contract between Youtropolis and You. If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

Youtropolis Inc. is a California corporation that owns and operates Youtropolis.com, its apps, and all related services. In this Agreement, we refer to Youtropolis and its Services collectively and interchangeably as the “Services,” “Youtropolis,” “we,” “us,” and “our.”

2. Eligibility

Any use of Youtropolis and the Services shall be void where prohibited by law. Your use of the Services is subject to compliance with Applicable Law and the full terms of this Agreement.

You are eligible to use our Services and register as a Member only if you are 13 years of age or older.
If you register as a Member, either for yourself or another entity, you agree to provide accurate, truthful information about yourself or the entity, and you agree to update and maintain the accuracy of this personal information.
It is a violation of this Agreement to intentionally misrepresent your age for any unlawful purpose. Any such misrepresentation will cause us to immediately terminate your membership with all its associated privileges, and your account and related content will be deleted without warning or liability.
Youtropolis reserves the right, in its sole discretion, to reject and terminate your membership or access to our Services for any reason, at any time, without explanation, and without liability.

3. Use of Our Services

Youtropolis’ lifestyle aims to help Members build camaraderie, goodwill, and meaningful alliances with each other. We believe our Civic Guidelines provide a view into our unique culture, and through practice, promote an exceptional cultural experience. Our Rules of Engagement (section 6 of our Terms), make clear how you may use the Services to their fullest extent and to your best advantage. You agree that as a Member, you alone are responsible for your use of the Services, which includes your interactions with other Members and the Content you submit, post, or display through the Services.

As Youtropolis grows, the Services may change to reflect the evolving needs of our Members. As such, we may offer additional features or Services, such as, but not limited to, promotions, premiums, and advertising, to expand our capacity to serve Members. We may also modify, suspend, or remove existing features or Services at any time and at our discretion. We further reserve the right to limit or reduce the storage capacity we provide to you for Content you post through the Services. Inclusively, you also understand and agree that we may automatically update the application software downloaded to your devices.

While you remain in compliance with our Terms and all applicable guidelines and policies, Youtropolis grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely as intended. You understand and agree that any use of the Services is at your own risk, including any interactions shared between you and other Members, and any Content obtained or used by you on or through the Services. You acknowledge that Youtropolis does not verify, evaluate, or guarantee the accuracy, veracity, legality, applicability, or safety of any of the content, including any advice, poll results, or anything said or written by any Member.

Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national, and other laws, rules, and regulations. In addition, because we’ve enabled Google’s address search functionality through the services, you are bound by Google’s Terms of Service (including Google’s Privacy Policy).

4. Your Account

When you register to become a Member, you’ll establish your personal “land of opportunity” (community), which will require its own unique community name. This name will also be known as your Username.

You understand that you are responsible for all activities that occur under your account. To prevent unauthorized access to your account, safeguarding your personal account information is paramount. To that end, we urge you to use a strong password and sign out of your account at the end of any session when using public computers and networks. To further protect and prevent abuse of your account, please do not disclose your password to any other Member or third-party. We also ask you to use these same safeguarding courtesies with other Members by not asking for or using their account information (specifically, email address or password).

You may customize your preferences for receiving most notifications pertaining to your account’s activities on your settings page. By default, and as necessary, we may send you administrative messages or notifications to alert you to new Youtropolis Services, policy updates, or service updates. Likewise, if you wish to contact Youtropolis or send us any notice, you can do so through postal service to PO Box 8234, Long Beach, CA, 90808, or via email here.

If you suspect any unauthorized use of your account or any other breach of security, please contact us.

5. User Content and Engagement Rights

Youtropolis is invested in promoting a trusted space for positive, safe Member interactions. We know this must be a collaborative community effort, so we encourage all Members to report Content that is in clear violation of our Terms. Despite collective best efforts, you understand that in using our Services you may be exposed to such Content or materials. You understand that all Content is the sole responsibility of the Member who originates it, and because we do not control it, we cannot take responsibility or assume liability for it. If we, however, determine that any Content violates our Rules of Engagement, we reserve the right to remove it or take an alternative action that we, at our sole discretion, determine to be fair and appropriate. If the abuse of our Services is extreme (in our sole evaluation), we may also suspend, delete, or deactivate the associated account.

We invite you as a Registered Member to create and post Content through our Services. By Content we mean any and all allowed postings, including Newsflashes, Tribal Wave Polls, Pledges, Wishes, Lessons, Amusements, District topics, gifts, events, comments, private messages, help questions/answers, private and group chats, images, music, videos, and useful web links posted on or through our Services. You retain the rights to your submitted Content. To support us in offering you the Services, you agree that Youtropolis and our third-party providers may display advertising through our Services in tandem with Content submitted by you or other Members.

By posting, publishing, submitting, uploading, sharing, or displaying any Content you create or otherwise make available through our Services, you grant Youtropolis a non-exclusive, transferable, fully-sublicensable, royalty-free, worldwide license to host, use, adapt, modify, copy, publicly display, transmit, reproduce, publish and distribute your Content in any and all media or distribution methods available. You also hereby grant Members of our Services a non-exclusive license to access your Content as allowed through the functionality of our Services, and to share, repost, use, distribute, display, and perform such Content as permitted under these Terms.

By submitting any helpful Feedback to us pertaining to the Services, including suggestions, opinions, or ideas about the Services, delivered through any channel of communication whatsoever, you also hereby grant Youtropolis an unrestricted, irrevocable, non-exclusive, transferable, royalty-free license to use and adapt such Feedback as we see fit and in relation to the Services we now offer or may hereinafter develop with no compensation paid to you.

You acknowledge and agree that, excluding posted Content, any content submitted by you to Youtropolis through messages, emails, “Contact Us” link, or other channels of communication, shall become the property of Youtropolis upon their submission, and no proprietary rights to said content may ever be claimed by you, including, without limitation, ideas, concepts, suggestions, designs, or any other written materials. If Youtropolis deems it appropriate, it may utilize said content, at its discretion, in any way, and for any purpose whatsoever.

You represent and warrant you have the necessary licenses, rights, consents and permissions, power, or authority to grant Youtropolis the rights granted herein for any Content and inclusive materials that you submit, post, or display on or through our Services.

6. Youtropolis Rules of Engagement

Liberation includes the freedom to experience social interactions without being victimized or shamed by others. We’ve staked a claim on building a cultural safe haven for all our Members to advance their well-being through social discourse and positive direct actions.

Below, we outline our Rules of Engagement. Although we strongly believe that freedom of expression is a precious privilege that must not be abridged, the following rules reflect our Members’ hope, expectation, and willingness to participate in a social safety net that supports everyone’s happiness and well-being. If you do not agree with these rules or cannot abide by them, Youtropolis is not for you.

You understand and agree that while using the Services:

you may form beneficial, collaborative alliances with others, but it’s not okay to intimidate, stalk, threaten, harass or advocate harassment of any person, or incite other people to do so;
you may post and share your views, but you must not advocate or promote hatred against anyone. This includes promoting any hateful Content that advocates or depicts harm, or incites violence against any individual or group whatsoever;
you may offer encouragement, support, or helpful resources to other Members, but you must never in any form whatsoever encourage or promote suicide or self-harm;
you may post informative, advantageous Content, but you may not post Content that misleads, defames, libels, or creates a security risk to any person or entity;
you may share insights, personal knowledge, and posted Content that enlightens or educates, but you may never promote or instruct others in any form of illegal or fraudulent activity whatsoever;
you agree that everyone is entitled to their privacy, therefore, you must not publish or post anyone’s private information, such as (but not limited to) home address or phone number, unless you’ve obtained their consent;
you may post Content that entertains and uplifts others, but you may not post links to adult websites, or share Content that includes nudity or pornography, or that denigrates another person through its sexually exploitive or violent nature;
you may send Youtropolis postcards to friends, family, or other Members inviting them to join your tribe, or just as a greeting, but you may not customize the postcard’s message to harass, threaten, or promote commerce;
you may give someone a leg up or a helping hand, but you may not dare, prompt, or incentivize anyone in risky or illegal behaviors of any kind or for any reason whatsoever;
you may share all your goodness through our Services, but you may not post, repost, or share any content, including images or video, that violates the foregoing Rules of Engagement.

If you become aware of a Member who is violating any of our rules, please contact us.

You agree that when making critical decisions that require professional evaluation, consultation, expertise, or advice of any kind, you will not rely on any Content posted through our Services to acquire such advice, nor shall you substitute posted advice for the advice or services of verifiable, licensed, professionals who are trained and qualified to help you. Acting on any such posted advice, even if you believe it to be posted by a fully qualified expert, is at your own and exclusive risk and Youtropolis shall have no responsibility or liability to you whatsoever.

You also agree that you will not engage in any conduct whatsoever, that misuses or attempts to misuse our Services in an unauthorized or unlawful manner. Specifically, while accessing or using our Services, you may not:

promote any unauthorized commercial activities, including but not limited to, sweepstakes, contests, advertising, or pyramid schemes;
access, use, or tamper with non-public areas of our Services, our computer systems, and any technical delivery systems of our providers;
gain or attempt to gain unauthorized access to any part of our Services, including other Member accounts and user information through any means and for any purpose whatsoever;
alter, or attempt to alter, by any means, any graphic features, design elements, or content provided on or through our Services;
forge any part of the header information in any email or use our Services to send deceptive, false source-identifying information;
interfere with, disrupt, or damage our Services, or attempt to do so such as by sending viruses, spamming, mail-bombing, launching a “denial of service” attack, or by using any means whatsoever to interfere with or execute an undue burden on our Services;
employ any means, such as (but not limited to) bots, web crawlers, worms, viruses, or programs to gain unauthorized access to any computer, mobile device, or computer network’s software or hardware;
attempt to prove any vulnerability of our systems, networks, or Services; or breach or circumvent any security or authentication measures;
use any means or processes, whatsoever, to scrape our Services, or copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;
reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of our Services.

Youtropolis reserves the right to access, read, preserve, and disclose any information necessary to respond to Member support requests, investigate potential Terms violations, meet applicable law or legal processes (including governmental requests), avert technical, fraud, or security issues, protect our Members, and secure Youtropolis Services, property, and rights.

We also reserve the right to take legal action against anyone who, in the sole discretion of Youtropolis, violates the foregoing Rules of Engagement, including, without limitation, terminating the Membership of such violators and reporting such Content or Conduct to law enforcement authorities.

Youtropolis does not review, monitor, or control the content of postings, including without limitation, private and or instant messages, chats, group chats, polls, public comments, opinions, embedded images, videos, or web links, and, therefore, you agree to hold us harmless from any, and all, responsibility and/or liability in connection with such content.

Youtropolis also does not screen the backgrounds of Members, nor do we monitor or control their conduct, behavior, actions, or interactions of Members. Therefore, you agree to assume total responsibility and risk for your use of the Services, which includes any personal interactions with other Members, both online or in person.

7. Trademarks and Copyrights

All Youtropolis Content, including, without limitation, Youtropolis landmarks, Call to Action, Liberation Declaration, software, brand graphics, photos, animations, videos, music, and text, are the exclusive property of Youtropolis and protected by international trademark and copyright laws. Third-party trademarks that appear on the Services are the property of their respective owners.

Also, any Content, including but not limited to applications, text files, graphic images, photos, animations, music, videos, or other content presented, contained, or distributed on or through the Services, is protected by copyrights, trademarks, or other proprietary rights. Therefore, you agree that you will not directly or indirectly:

publish, sell, copy, or distribute any Content, in whole or in part, or through any means, that appears on, or is obtained through our Services without the express authorization of Youtropolis or the Content owner;
rent, lease, resell, distribute, or use our Services for other commercial purposes not contemplated or otherwise exploit our Services in any unauthorized manner;
remove or alter any proprietary notices on the Services.

You understand and agree that Youtropolis respects the intellectual property rights of others and reserves the right to terminate the membership of anyone who repeatedly infringes the intellectual property rights of others.

If you believe that any Content on our Services has infringed your copyrights, you can report it by submitting a notice to our copyright agent, pursuant to the Digital Millennium Copyright Act (DMCA).

Please submit your takedown notice to Youtropolis Copyright Agent, PO Box 8234, Long Beach, CA, 90808, or electronically at copyright@Youtropolis.com. You understand and agree that we may provide copies of your takedown notice along with your name and contact information to the alleged infringer. For additional information, you may review our Trademark and Copyright Policy.

8. Member Disputes

It’s a fact of life that people in communities have disagreements and misunderstandings. Most people find appropriate, amicable ways to turn down the heat and resolve their disputes in a fair and equitable manner. So, we anticipate that if you have a dispute with another Youtropolis Member (or third-party), you’ll settle it amicably. If for any reason you are unable to, you understand that Youtropolis has no responsibility for the conduct of its Members or other third-parties, nor can we assume any responsibility to mediate or resolve such disputes.

Therefore, you expressly agree to release Youtropolis (its officers, directors, shareholders, agents, employees, affiliates, and third-party partners) from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected to any dispute between you and other Members, third-parties, persons, or entities with whom you interact through our Services. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”

If you become aware of any Member, third-party, or other person or entity who you suspect of engaging in fraudulent activity, please Contact Us immediately.

9. Trade Alliances

We offer Members opportunities to join Tribes with similar or mutual goals to advance the growth of their safety net and gain the rewards and benefits derived through collaborative Trade Alliances. Our Bridge Builder tool automatically suggests new Tribes (groups) for you to join that potentially align with your needs and objectives.

Youtropolis Trade Alliances are gainful relationships between Members based solely on free trade where kindness is exchanged, such as by meeting needs through the exchange of knowledge, ideas, wisdom, intuition, emotional support, humor, supplies or necessities, as well as by additional support through Tribe interactions wherein Members collaborate to promote each other’s well-being.
You understand that although our Bridge Builder tool discovers and suggests Tribes that may interest you, we do not act as an agent, promoter, or representative for any Tribe, nor do we vet, endorse, or assume any responsibility for its activities, including its posted content, actions, beliefs, or goals.
You agree that by joining any Tribe and forming a collaborative Trade Alliance, you do so at your own risk, and before joining any Tribe it is up to you to learn more about its founder, its Call to Action, and its activities to ascertain whether the Tribe is a good fit or would make a beneficial alliance for you.
You further understand and agree that any trades or exchanges of kindness, including but not limited to offered time, skills, advice, support, knowledge, or gifts are given freely, and, without exception, you may not demand, expect, or solicit any form of reciprocity, reward, or financial payment as recompense for such kindness from any Member, even if a Member volunteers or agrees to “return the favor.” If you and another Member mutually agree to any such recompense, the two of you, and not Youtropolis, are solely responsible for resolving any disputes that may arise from such agreements, and for complying with any applicable laws, such as tax, business, or employment laws.

10. Events & Member Encounters

As part of the Youtropolis lifestyle experience, we invite Members to post, publicly announce, and promote private or public events, as well as arrange social encounters with other Members at venues of their choice.

You acknowledge and agree that when you participate in, or attend any meeting, event, or social encounter created, sponsored, publicized, or promoted by you or any another Member through our Services, you are participating in an event, meeting, or social encounter organized by a private individual or third-party, and not by Youtropolis.
You also acknowledge and agree that if you are under the age of eighteen, or have not reached the age of majority where you reside, you may not participate in, or attend, any such meetings, events, or encounters without the express consent and supervision of your parental or legal guardian.
Youtropolis does not monitor, supervise, provide oversight at, or transportation to or from any such events, meetings, or social encounters. Nor do we vouch for their safety or legality, or control the actions of any attendees. Therefore, you agree to bear all risk in attending, or participating in such events, meetings, and encounters, and release Youtropolis (and its officers, directors, shareholders, agents, employees, affiliates, and third-party partners) from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. If you are a California resident, you hereby waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the State of California as mentioned above under Member Disputes or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.

11. Youtropolis Municipal Fund

Our Municipal Fund rewards Members who actively participate in Youtropolis’ lifestyle. Upon signup, Members receive access to their Municipal Fund which earns virtual rewards (Kindreds) for specific actions as delineated in the Municipal Fund Payment Schedule. Members may also receive Kindreds from, or give away Kindreds to, other Members at any time. Kindreds have no monetary value whatsoever and are not redeemable for any form of financial compensation or gain, however, they can earn additional benefits and privileges, such as special dividends and status ratings.

Kindreds earned by you may be transferred through your Municipal Fund to other Members as a generous expression of appreciation, gratitude, or recognition. In addition:

You agree to not barter, sell, or loan Kindreds to any other Member for any purpose, and you agree that any such manner of disposition in violation of these Terms is null and void.
You understand that certain actions taken by you, if reversed, such as removal of posts or comments either by you or by Youtropolis for any reason whatsoever, will lose as many kindreds as originally earned.
You may not devise or employ any means, such as (but not limited to) bots, web crawlers, worms, viruses, or programs to exploit, manipulate, or game the Municipal Fund service, including by automated and/or repetitive joining of tribes, repetitive posting, reporting, scoring, voting on polls or community help answers, or flagging content.
If your account is terminated for any reason, you understand and agree that access to your Municipal Fund will be terminated simultaneously, and any accrued Kindreds will be revoked immediately, without warning or any liability to you.

12. Third-Parties

Through our Services, you will find links to third-party applications, websites, resources, advertisers, and services. Third-party links may also include and provide access to business entities, individuals, or Members who post links or offer products, resources, and services to you on or through our Services. These third-parties are not owned, endorsed, or controlled by Youtropolis.

You understand and agree that if you engage with third-party websites, content, products, or services you are interacting with the third-party and not with Youtropolis;
Youtropolis does not monitor, control, or supervise third-party sites, therefore, you agree that Youtropolis is not responsible for the efficacy, availability, or delivery of any products or services offered by such sites;
when accessing any third-party links, you understand that we cannot always warn you that you are leaving our Services or that you will be subject to the third-party’s terms and conditions. Therefore, if you choose to link to a third-party, you agree to hold us harmless from any responsibility and/or liability, and you agree to assume the full risk and bear any cost of damages which may be directly or indirectly caused by linking to such sites;
third-parties may require, use, and share your data according to their privacy policy. Should you choose to provide any personally identifiable data to any third-party, you assume the full risk. Regardless, we urge you to exercise caution, and encourage you to investigate or become familiar with any third-party prior to providing such data;
third-parties contain content that Youtropolis does not control, oversee, or necessarily endorse. Please use your discretion when browsing any sites accessed through links initiated at Youtropolis. Some third-party links may lead to sites that contain false or misleading advertising or may contain content that some may deem offensive. Youtropolis is not responsible or liable for any Content, including advertising, promotions, endorsements, videos, images, or any other communications appearing on, or made available through any third-party sites.

13. Amendment of Terms

Our Terms may be revised at our discretion, at any time. Whenever our Terms are revised, we will attempt to notify you of any material changes, for example, via an amendment notice, a private message, or an email to the email address associated with your account. It is solely your responsibility to read any such notices, messages, or emails. The revised Terms shall become effective immediately upon notification and shall govern our relationship with you. By continuing to access or use Youtropolis after the revised Terms take effect, you agree to be bound by the new Terms; if you disagree with the revised Terms, you must stop using the Services, and if you are a Member, you must contact us to notify us of your intent to terminate your Membership.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect as long as you use our Services as a Visitor or as a Member.

These Terms are governed by the laws of the State of California, without giving effect to any choice of law or conflict of laws rules or provisions. Any dispute or legal action against Youtropolis related to these Terms or our Services and not subject to arbitration per these Terms must be filed and take place in Los Angeles County, California, United States. Thus, for any actions not subject to arbitration, you and Youtropolis agree to submit to the personal jurisdiction of the federal or state courts located in Los Angeles County, California.

14. Access to Services and Termination

You may terminate your account at any time, for any reason, by following the instructions provided here. Youtropolis, likewise, reserves the right, in its sole discretion, to terminate your membership and access to any and all related services, with or without prior notice or explanation, for any or no reason, at any time, and without liability to you or any third-party. Furthermore, if Youtropolis determines, in its sole discretion, that you have violated any of the Terms and conditions pertaining to the posting of Content, or have engaged in any behavior that we deem to be in violation of these Terms, we reserve the right to remove any and all content associated with your account without warning, and without liability, and suspend or terminate your access to any or all parts the Service. If your membership account is terminated, Youtropolis shall bear no obligation to furnish you with any content that becomes inaccessible to you. Even after your account is terminated, this Agreement and the Terms, in their entirety, will remain in effect.

15. Indemnification

You agree to defend, indemnify and hold Youtropolis and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Youtropolis Entities”) harmless from any claims, liabilities, judgments, awards, losses, costs, expenses, including without limitation reasonable accounting and attorney’s fees and costs made by any third-party due to or arising out of any and all of the following (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any Members; (e) your interactions and transactions with other Members; or (f) your Member Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.

16. Disclaimers; No Warranties

You understand and agree that to the maximum extent permitted by applicable law your access to and use of Youtropolis, its Services, its Content, or any of its Members are at your own risk. All of our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, inclusive of all perceived or real flaws. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUTROPOLIS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Youtropolis and its Services make no warranty or representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) viruses or other harmful components distributed by the Services; and (v) whether the Services will meet requirements or be available on an uninterrupted, secure, or error-free basis. We can’t guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from Youtropolis or through our Services will create any warranty not expressly made herein.

17. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YOUTROPOLIS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YOUTROPOLIS ENTITIES EXCEED THE TOTAL AMOUNT PAID TO YOUTROPOLIS BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Dispute Resolution

We believe in justice and equitable outcomes for any matters in dispute. Litigation and/or arbitration are costly undertakings for everyone concerned. So, if ever you have questions or issues of concern about the Services that need our attention, please contact us first, and we will do our best to address the matter in good faith and in a way that proves satisfactory to both you and us.

If for any reason we are unable to resolve the matter, this Agreement shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any dispute arising out of the Agreement or your use of Youtropolis and its related Services shall be submitted to confidential binding arbitration in the exclusive jurisdiction of the courts located within the County of Los Angeles in the State of California.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

19. Severability

These Terms constitute an agreement accepted by you upon your use of the Services and are further affirmed by you becoming a Member. Your agreement with Youtropolis will always include these Terms at a minimum, and will operate to the fullest extent permissible by law.

The failure of Youtropolis to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or deemed severable to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

By accepting this Agreement, you are consenting to Youtropolis’ disclosure and use of your personal information as described in our Privacy Policy, which is incorporated herein by this reference.