Terms & Conditions

Posted by admin on May 6, 2015

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR APPLICATION.

This is the official Terms of Use Agreement (the “Agreement”) for youGOvi the   application (the “YouGOvi”, “we”, “us”, or “our”), an internet software application offered by youGOvi LLC, a Florida limited liability company, and this Agreement applies whether you are accessing youGOvi via personal computer, mobile device or any other technology or devices.

NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.

THIS CONTEST/COMPETITION IS OPEN TO ALL LEGAL RESIDENTS AGE 13 OR OLDER, OF THE UNITED STATES OF AMERICA, OR ANY OTHER NATION WHERE SUCH CONTESTS/COMPETITIONS ARE LEGAL. CERTAIN FEATURES ON YOUGOVI (INCLUDING, BUT NOT LIMITED TO, USER REGISTRATION AND INFORMATION SIGNUPS) MAY BE SUBJECT TO HEIGHTENED AGE AND/OR ELIGIBILITY REQUIREMENTS. IF YOU ARE NOT 13 YEARS OLD OR THE REQUIRED GREATER AGE FOR CERTAIN FEATURES, DO NOT MEET CERTAIN OTHER ELIGIBILITY REQUIREMENTS, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DISCONTINUE USE OF YOUGOVI IMMEDIATELY. YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE OR OTHER GREATER AGE AS REQUIRED AND HAVE PARENTAL CONSENT, IF UNDER 18 YEARS OF AGE.

THE RULES OF YOUGOVI AND THESE TERMS OF USE ARE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA.  IF YOU USE YOUGOVI, THE SERVICES OR THE MATERIALS OFFERED BY YOUGOVI OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APLLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. THIS CONTEST IS VOID IF YOU ARE LOCATED IN A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS. YOU WILL NOT USE YOUGOVI IF YOU ARE PROHIBITED FROM RECEIVING PRODUCTS, SERVICES, OR SOFTWARE ORIGINATING FROM THE UNITED STATES. CONTEST IS VOID OUTSIDE OF THE UNITED STATES WHERE LOCAL LAWS PROHIBIT SUCH CONTESTS/COMPETITIONS.

IF SUCH CONTESTS/COMPETITIONS ARE PROHIBITED BY LOCAL LAW, ALL ENTRIES FROM THAT NATION WILL BE VOID.  NO DISTRIBUTION OF PRIZES WILL OCCUR TO ANY NATION THAT DOES NOT ALLOW SUCH CONTESTS/COMPETITIONS TO TAKE PLACE.

All cash payment shall be made via PayPal® This applies to payments made outside the United States  in nations where PayPal® is valid.  In order to redeem cash prizes, users must have a valid and verifiable PayPal® account.  All prizes and funds will be distributed to the PayPal® account where allowable.  Winner is responsible for any and all taxes or applicable fees that may result from distribution of payment. No other forms of cash payment are allowable.  Prizes are void where PayPal® is not valid.

To winners in the USA, we may offer the option to send prize via PayPal® or check.

These terms and conditions regarding your use of youGOvi constitute a legally binding agreement between you and youGOvi.  By using youGOvi, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services including rules associated with specific contests or sweepstakes, which will be presented in conjunction with those products and services (“Additional Terms”).

Registration. We will require each user to have a unique user name and password combination in order to access and use certain features or functions of youGOvi and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of youGOvi.  In order to claim prize from youGOvi, user must provide full and legal name.  Awards will not be make to payable to screen names, acronyms or any falsified names.  youGOvi is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that youGOvi is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our youGOvi activities, you certify that you meet the age and other eligibility requirements for YouGOvi as set forth in this Agreement. If you are located outside of the U.S, you use youGOvi at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

Submissions. The term “Submission” includes any and all content, media and materials you submit for posting on youGOvi, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. Portions of youGOvi may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities and may provide you with the opportunity, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information, your submission of which is also governed by the terms and conditions therein. You understand, acknowledge and agree that Submissions are the sole responsibility of the person from which such Submission originated. This means that you are solely and entirely responsible for the consequences of all Submissions that you upload, post, email, transmit or otherwise make available via youGOvi. Submissions do not reflect the views of youGOvi. We reserve the right to monitor, edit or screen any Submissions. If we determine, in our sole discretion and judgment, that any posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to post; (b) remove and delete postings; (c) revoke your right to use youGOvi and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on youGOvi. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable Submissions. Proof that you submitted a Submission does not constitute proof that we received anything. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as youGOvi deems appropriate, any “Unauthorized Content” which is defined as any Submission that is or could be construed as violating any of the terms and conditions of this Agreement.

Rights Granted to youGOvi.

By making a Submission, you grant to youGOvi, its owners and affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Submission on youGOvi (regardless of the device through which youGOvi may be accessed) for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to youGOvi, in our sole discretion. By submitting Submissions, in addition to the rights, licenses and privileges referred to above, you are also granting youGOvi, its owners and affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of youGOvi, and any products, goods, features, functions, capabilities and/or services associated with youGOvi.

You hereby release youGOvi, its owners, and affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Submission, including, without limitation, any and all liability for any use or nonuse of the your Submission, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.

You must own the rights to the Submissions you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to YouGOvi, its owners and affiliates, and, by submitting Submissions, you reaffirm each such representation, warranty and covenant, that (a) you are not a minor and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and condition or, if you are a teenager, your parent or legal guardian has agreed to this Agreement on your behalf, (b) all of the information provided by you associated with your Submission is correct, complete and current, (c) your submission of any Submission does not violate this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described. Upon the request of YouGOvi, you will furnish YouGOvi any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants. Notwithstanding anything to the contrary, you also understand and agree that YouGOvi, its owners and affiliates shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the Submission.

You acknowledge that other persons may have submitted Submissions to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Submission or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Submission, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Submission you or anyone else submits, that is purely coincidental and unavoidable.

Amendments and Modifications. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on youGOvi and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on YouGOvi, these changes become effective immediately and if you use youGOvi after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, any Additional Rules, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

Ownership. The contents of youGOvi, including all youGOvi software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of youGOvi, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names are the property of YouGOvi, and its affiliates, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. youGOvi is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on youGOvi, including notices on any material you download, transmit, display, print or reproduce from youGOvi. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any youGOvi material without the express prior written consent of YouGOvi or its owner if youGOvi is not the owner. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on youGOvi that infringes the copyright rights of others and will disable the access to youGOvi and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

Rules Of Conduct. Your use of youGOvi is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use youGOvi, or knowingly condone use of youGOvi by others, in any manner that is, attempts to, or is likely to:

– Infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
– Contain sexually explicit content or pornography;
– Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
– Exploit minors;
– Depict unlawful acts or extreme violence;
– Promote fraudulent schemes, multi-level marketing schemes, get rich quick schemes, gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
– or transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
– violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to YouGOvi, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to YouGOvi or to use YouGOvi in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
– modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of youGOvi or the rights of use and enjoyment of youGOvi by any other person, firm or enterprise; or
– collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of YouGOvi, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

Disclaimer And Limitations Of Liability

THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of YouGOvi. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of YouGOvi, including, without limitation, postings and materials associated with your use of YouGOvi.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, ITS OWNERS, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

Indemnification
You agree to indemnify, defend and hold youGOvi and any of its affiliates, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your postings.

Law That Applies To This Agreement; Miscellaneous Terms
This Agreement, together with any Additional Rules, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and youGOvi and supersedes any and all prior or inconsistent understandings relating to youGOvi and your use of youGOvi. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of YouGOvi, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of youGOvi is governed by, construed and enforced in accordance with the internal substantive laws of the State of Florida (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Florida, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Florida, Broward County, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Revised December 27, 2016