Terms of Service

Essentials

Microflare Inc. operates a service called YOUNIVERSUS.com. This service offers you the opportunity to create video competitions with your own or any other legally and technically available videos. Our service is completely free. Our service is designed to give you as much control and ownership as possible. However, you must be responsible in how you use the features made available to you by YOUNIVERSUS.com. In particular, make sure that none of the prohibited items listed below appear in any of your competitions and publicly displayed information or get linked to from your profile including but is not limeted to spam, viruses, or hate content.

If you find a YOUNIVERSUS.com competition or profile that you believe violates our terms of service, please check our complaints page.

Terms of Service:
The following terms and conditions govern all use of the YOUNIVERSUS.com website and all content, services and products available at or through the website, including, but not limited to, maintenance of user profiles, creation, operation, and maintenance of video competitions by embedding videos from third party video portals. The Website is owned and operated by Microflare Inc. (“MICROFLARE”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MICROFLARE’s Privacy Policy) and procedures that may be published from time to time on this Site by MICROFLARE (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MICROFLARE, acceptance is expressly limited to these terms. You may not use the Services and may not accept the Terms if (i) you are not of legal age to form a binding contract with MICROFLARE or (ii) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

1. Your YOUNIVERSUS.com Account and Site. If you create a profile and competition(s) on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur through your account and any other actions taken in connection with your profile. You must not assign keywords to your profile or competition(s) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. MICROFLARE may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MICROFLARE liability. You must immediately notify MICROFLARE of any unauthorized uses of your profile, your competitions, your account or any other breaches of security. MICROFLARE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a profile, create and maintain video competitions, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website you are entirely responsible for any such material, “Content”, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:
   
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any text, photo, video, audio or software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass on to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
   By submitting Content to YOUNIVERSUS.com for inclusion on your Website, you grant MICROFLARE a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile and your competitions. If you delete Content, MICROFLARE will make reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
   
   Without limiting any of those representations or warranties, MICROFLARE has, in it’s sole discretion, the right (though not the obligation) to (i) refuse or remove any content that, in MICROFLARE’s opinion, violates any MICROFLARE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.
3. Responsibility of Website Visitors. MICROFLARE has not reviewed, and cannot review, all of the material posted to the Website, and therefore cannot be held responsible for that material’s content, use or effects. By operating the Website, MICROFLARE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes on the intellectual property and other proprietary rights If you notices such violations or infrigements you must notify MICROFLARE in accordance with MICROFLARE’s Copyright Policy which will take efforts to remove the content. In any case you cannot rely on material being rights free just because it is contained on YOUNIVERSUS.com and must assume that, copying or use may be subject to additional terms and conditions, stated or unstated. MICROFLARE disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and web pages to which YOUNIVERSUS.com links, and that link to YOUNIVERSUS.com. MICROFLARE does not have any control over those non-MICROFLARE websites and web pages, and is not responsible for their contents or their use. By linking to a non-MICROFLARE website or webpage, MICROFLARE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MICROFLARE disclaims any responsibility for any harm resulting from your use of non-MICROFLARE websites and web pages.
5. Copyright Infringement and Policy. As MICROFLARE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by YOUNIVERSUS.com violates your copyright, you are encouraged to notify MICROFLARE in accordance with MICROFLARE’s Copyright Policy . MICROFLARE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MICROFLARE or others, MICROFLARE may, in its sole discretion, terminate or deny access to and use of the Website.
6. Intellectual Property. This Agreement does not transfer from MICROFLARE to you any MICROFLARE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Micoflare Inc., YOUNIVERSUS.com, the YOUNIVERSUS.com logo, and all other trademarks, service marks, graphics and logos used in connection with YOUNIVERSUS.com, or the Website are trademarks or registered trademarks of MICROFLARE or MICROFLARE’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MICROFLARE or third-party trademarks.
7. Changes. MICROFLARE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MICROFLARE may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. MICROFLARE may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your YOUNIVERSUS.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. MICROFLARE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MICROFLARE nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will MICROFLARE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data;
    MICROFLARE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the MICROFLARE Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless MICROFLARE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between MICROFLARE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MICROFLARE, or by the posting by MICROFLARE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of California; excluding its conflict of law provisions, the proper venue for any disputes arising out of or relating to any of the same will be the the competent courts of California. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MICROFLARE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.