Last Updated: 2021-04-19 17:51:41

YouChune Terms andConditions of Use

Effective as of February 7, 2019

1 Introduction
2 Changes to the Agreements
3 Enjoying YouChune
4 Payments and cancellations
5 Using our service
6 Third Party Applications and Devices
7 User-Generated Content
8 Rights you grant us
9 User guidelines
10 Infringement and reporting User Content
11 Service limitations and modifications
12 Brand Accounts
13 YouChune Support Community
14 Customer support
15 Export control
16 Term and termination
17 Warranty disclaimer
18 Limitation and time for filing
19 Third party rights
20 Entire agreement
21 Severability, waiver and interpretation
22 Assignment
23 Indemnification
24 Choice of law, mandatory arbitration, and venue
25 Contact us

Hello, and welcome to the YouChune Terms and Conditions of Use(“Terms”). The Terms you see below are important because they:

• Outline your legal rights on YouChune
• Explain the rights you give to us when you use YouChune
• Describe the rules everyone needs to follow when using YouChune
• Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go…

1 Introduction

Thanks for choosing YouChune (“YouChune,” “we,” “us,” “our”). YouChune provides personalized services with social and interactive features for streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these YouChune services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “YouChune Service” or “Service”), or accessing any music, videos or other content or material that are made available through the Service (the “Content”) you are entering into a binding contract with YouChune USA Inc.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on YouChune’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the YouChune Service or access any Content.

In order to use the YouChune Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to YouChune is true, accurate, and complete, and you agree to keep it that way at all times.

2 Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

3 Enjoying YouChune

Here’s some information about all the ways you can enjoy YouChune.

3.1 Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a YouChune account. Certain options are provided to you free-of-charge. The YouChune Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offeringsof third-party products and services in conjunction with or through the YouChuneService. We are not responsible for the products and services provided by suchthird parties. We reserve the right to modify, terminate or otherwise amend ouroffered subscription plans and promotional offerings at any time in accordancewith these Terms.

The Unlimited Service may not be available to all users. We willexplain which services are available to you when you are signing up for theservices. If you cancel your subscription to the Unlimited Service, or if yoursubscription to the Unlimited Service is interrupted (for example, if youchange your payment details), you may not be able to re-subscribe for theUnlimited Service. Note that the Unlimited Service may be discontinued in thefuture, in which case you will no longer be charged for the Service.

If you have purchased or received a code, gift card, pre-paidoffer or other offer provided or sold by or on behalf of YouChune for access toa Paid Subscription (“Code”), separate terms and conditions presented to youalong with the Code may also apply to your access to the Service and you agreeto comply with any such terms and conditions. You may also purchase access to aPaid Subscription through a third party. In such cases, separate terms andconditions with such third party in addition to the Agreements may apply toyour access to the Service.

3.2 Trials

From time to time, we or others on our behalf may offer trialsof Paid Subscriptions for a specified period without payment or at a reducedrate (a “Trial”). YouChune may determine your eligibility for a Trial, andwithdraw or modify a Trial at any time without prior notice and with noliability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your paymentdetails to start the Trial. By providing such details you agree that we mayautomatically begin charging you for the Paid Subscription on the first dayfollowing the end of the Trial on a recurring monthly basis or another intervalthat we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUSTCANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH YOUCHUNE, OR IF YOURECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAIDSUBSCRIPTION THROUGH THE THIRD PARTY.

4 Payments and Cancellations

4.1 Billing

You may purchase a Paid Subscription directly from YouChune orthrough a third party either by (1) paying a subscription fee in advance on amonthly basis or some other recurring interval disclosed to you prior to yourpurchase; or (2) pre-payment giving you access to the YouChune Service for aspecific time period (“Pre-Paid Period”).

YouChune may change the price for the Paid Subscriptions,including recurring subscription fees, the Pre-Paid Period (for periods not yetpaid), or Codes, from time to time and will communicate any price changes toyou in advance and, if applicable, how to accept those changes. Price changeswill take effect at the start of the next subscription period following the dateof the price change. Subject to applicable law, you accept the new price bycontinuing to use the YouChune Service after the price change takes effect. Ifyou do not agree with a price change, you have the right to reject the changeby unsubscribing from the Paid Subscription prior to the price change goinginto effect.

4.2 Renewal; Cancellation

Unless your Paid Subscription has been purchased for a Pre-PaidPeriod, your payment to YouChune or the third party through which you purchasedthe Paid Subscription will automatically renew at the end of the applicablesubscription period, unless you cancel your Paid Subscription before the end ofthe then-current subscription period by clicking here if you purchasedthe Paid Subscription through YouChune, or if you purchased the PaidSubscription through a third party, by canceling the Paid Subscription throughsuch third party. The cancellation will take effect the day after the last dayof the current subscription period, and you will be downgraded to the FreeService. We do not provide refunds or credits for any partial subscriptionperiods.

If you have purchased a Paid Subscription using a Code, yoursubscription will automatically terminate at the end of the period stated inthe Code, or when there is an insufficient pre-paid balance to pay for theService. If you have purchased your Paid Subscription through a third party,you must cancel directly with that third party.

5 Using our service

The YouChune Service and the Content are the property of YouChuneor YouChune's licensors. We grant you limited, non-exclusive, revocablepermission to make use of the YouChune Service, and limited, non-exclusive,revocable permission to make personal, non-commercial use of the Content(collectively, “Access”). This Access shall remain in effect until and unlessterminated by you or YouChune. You promise and agree that you are using the YouChuneService and Content for your own personal, non-commercial use and that you willnot redistribute or transfer the YouChune Service or the Content.

The YouChune software applications and the Content are not soldor transferred to you, and YouChune and its licensors retain ownership of allcopies of the YouChune software applications and Content even afterinstallation on your personal computers, mobile handsets, tablets, wearabledevices, speakers and/or other devices (“Devices”).

All YouChune trademarks, service marks, trade names, logos,domain names, and any other features of the YouChune brand (“YouChune BrandFeatures”) are the sole property of YouChune or its licensors. The Agreementsdo not grant you any rights to use any YouChune Brand Features whether forcommercial or non-commercial use.

You agree to abide by our User guidelines and not to use the YouChune Service, the Content, or anypart thereof in any manner not expressly permitted by the Agreements. Exceptfor the rights expressly granted to you in the Agreements, YouChune grants noright, title, or interest to you in the YouChune Service or Content.

Third party software (for example, open source softwarelibraries) included in the YouChune Service are made available to you under therelevant third party software library’s license terms as published in the helpor settings section of our desktop and mobile client and/or on our website.

6 Third Party Applications and Devices

The YouChune Service is integrated with or may otherwise interactwith third party applications, websites, and services (“Third PartyApplications”) and third party Devices to make the YouChune Service availableto you. These Third Party Applications and Devices may have their own terms andconditions of use and privacy policies and your use of these Third PartyApplications and Devices will be governed by and subject to such terms andconditions and privacy policies. You understand and agree that YouChune doesnot endorse and is not responsible or liable for the behavior, features, orcontent of any Third Party Application or Device or for any transaction you mayenter into with the provider of any such Third Party Applications and Devices,nor does YouChune warrant the compatibility or continuing compatibility of theThird Party Applications and Devices with the Service.

7 User-Generated Content

YouChune users may post, upload, or otherwise contribute contentto the Service (which may include, for example, pictures, text, messages,information, playlist titles, descriptions and compilations, and/or other typesof content) (“User Content”). For the avoidance of doubt, “User Content”includes any such content posted to the YouChune Support Community as well asany other part of the YouChune Service.

You promise that, with respect to any User Content you post on YouChune,(1) you own or have the right to post such User Content, and (2) such UserContent, or its use by YouChune as contemplated by the Agreements, does notviolate the Agreements or any other rights set forth within the Userguidelines, applicable law, or the intellectual property, publicity,personality, or other rights of others or imply any affiliation with orendorsement of you or your User Content by YouChune or any artist, band, label,entity or individual without express written consent from YouChune or suchindividual or entity.

YouChune may, but has no obligation to, monitor, review, or editUser Content. In all cases, YouChune reserves the right to remove or disableaccess to any User Content for any or no reason, including User Content that,in YouChune’s sole discretion, violates the Agreements. YouChune may take theseactions without prior notification to you or any third party. Removal ordisabling of access to User Content shall be at our sole discretion, and we donot promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. YouChuneis not responsible for User Content nor does it endorse any opinion containedin any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST YOUCHUNERELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDERLOCAL LAW, YOU WILL INDEMNIFY AND HOLD YOUCHUNE HARMLESS FROM AND AGAINST ALLDAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEESAND COSTS) ARISING OUT OF SUCH CLAIM.

8 Rights you grant us

In consideration for the rights granted to you under theAgreements, you grant us the right (1) to allow the YouChune Service to use theprocessor, bandwidth, and storage hardware on your Device in order tofacilitate the operation of the Service, (2) to provide advertising and otherinformation to you, and (3) to allow our business partners to do the same. Inany part of the YouChune Service, the Content you access, including itsselection and placement, may be influenced by commercial considerations,including YouChune’s agreements with third parties. Some Content licensed by,provided to, created by or otherwise made available by YouChune (e.g. podcasts)may contain advertising as part of the Content. The YouChune Service makes suchContent available to you unmodified.

If you provide feedback, ideas or suggestions to YouChune inconnection with the YouChune Service or Content (“Feedback”), you acknowledge thatthe Feedback is not confidential and you authorize YouChune to use thatFeedback without restriction and without payment to you. Feedback is considereda type of User Content.

You grant YouChune a non-exclusive, transferable,sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwidelicense to use, reproduce, make available to the public (e.g. perform ordisplay), publish, translate, modify, create derivative works from, anddistribute any of your User Content in connection with the Service through anymedium, whether alone or in combination with other Content or materials, in anymanner and by any means, method or technology, whether now known or hereaftercreated. Aside from the rights specifically granted herein, you retain ownershipof all rights, including intellectual property rights, in the User Content.Where applicable and permitted under applicable law, you also agree to waiveand not enforce any “moral rights” or equivalent rights, such as your right tobe identified as the author of any User Content, including Feedback, and yourright to object to derogatory treatment of such User Content.

9 User guidelines

YouChune respects intellectual property rights and expects youto do the same. We’ve established a few ground rules for you to follow whenusing the Service, to make sure YouChune stays enjoyable for everyone. You mustfollow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

1.    copying, redistributing, reproducing,“ripping,” recording, transferring, performing or displaying to the public,broadcasting, or making available to the public any part of the YouChuneService or the Content, or otherwise making any use of the YouChune Service orthe Content which is not expressly permitted under the Agreements or applicablelaw or which otherwise infringes the intellectual property rights (such ascopyright) in the YouChune Service or the Content or any part of it;

2.    using the YouChune Service to import or copyany local files that you do not have the legal right to import or copy in thisway;

3.    transferring copies of cached Content from anauthorized Device to any other Device via any means;

4.    reverse-engineering, decompiling,disassembling, modifying, or creating derivative works of the YouChune Service,Content or any part thereof except to the extent permitted by applicable law;

5.    circumventing any technology used by YouChune,its licensors, or any third party to protect the Content or the Service;

6.    selling, renting, sublicensing or leasing ofany part of the YouChune Service or the Content;

7.    circumventing any territorial restrictionsapplied by YouChune or it licensors;

8.    artificially increasing play counts, followcounts or otherwise manipulating the Service by (i) using any bot, script orother automated process, (ii) providing or accepting any form of compensation(financial or otherwise), or (iii) any other means;

9.    removing or altering any copyright, trademark,or other intellectual property notices contained on the Content or the Serviceor provided through the Service (including for the purpose of disguising orchanging any indications of the ownership or source of any Content);

10. circumventing or blocking advertisements inthe YouChune Service, or creating or distributing tools designed to blockadvertisements in the YouChune Service;

11. providing your password to any other person orusing any other person’s username and password;

12. “crawling” the YouChune Service or otherwiseusing any automated means (including bots, scrapers, and spiders) to view,access or collect information from YouChune or the YouChune Service;

13. selling a user account or playlist, orotherwise accepting or offering to accept any compensation, financial orotherwise, to influence the name of an account or playlist or the contentincluded on an account or playlist; or

14. artificially promoting Content by automatedmeans or otherwise.

Please respect YouChune, the owners of the Content, and otherusers of the YouChune Service. Don’t engage in any activity, post any UserContent, or register and/or use a username, which is or includes material that:

15. is offensive, abusive, defamatory,pornographic, threatening, or obscene;

16. is illegal, or intended to promote or commitan illegal act of any kind, including violations of intellectual propertyrights, privacy rights, or proprietary rights of YouChune or a third party;

17. includes your password or purposely includesany other user’s password or purposely includes personal data of third partiesor is intended to solicit such personal data;

18. includes malicious content such as malware,Trojan horses, or viruses, or otherwise interferes with any user’s access tothe Service;

19. is intended to or does harass or bully otherusers;

20. impersonates or misrepresents your affiliationwith another user, person, or entity, or is otherwise fraudulent, false,deceptive, or misleading;

21. involves the transmission of unsolicited massmailings or other forms of spam, junk mail, chain letters, or similar;

22. involves commercial or sales activities, suchas advertising, promotions, contests, sweepstakes, or pyramid schemes, that arenot expressly authorized by YouChune;

23. links to, references, or otherwise promotescommercial products or services, except as expressly authorized by YouChune;

24. interferes with or in any way disrupts the YouChuneService, tampers with, breaches, or attempts to probe, scan, or test forvulnerabilities in the Service or YouChune’s computer systems, network, usagerules, or any of YouChune’s security components, authentication measures or anyother protection measures applicable to the Service, the Content or any partthereof; or

25. conflicts with the Agreements, as determinedby YouChune.

You acknowledge and agree that posting any User Content thatviolates these User guidelines (or that YouChune reasonably believes violatesthese User guidelines) may result in immediate termination or suspension ofyour YouChune account. You also agree that YouChune may reclaim your usernamefor any reason.

Please be thoughtful about how you use the YouChune Service andwhat you share. The YouChune Service includes social and interactive features,including the ability to post User Content, share content, and make certaininformation about you public. Remember that shared or publicly availableinformation may be used and re-shared by other users on YouChune or across theweb, so please use YouChune carefully and be mindful of your account settings. YouChunehas no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solelyresponsible for keeping your password confidential and secure. You understandthat you are responsible for all use (including any unauthorized use) of yourusername and password on the Service. If your username or password is lost orstolen, or if you believe there has been unauthorized access to your account bya third party, you must notify us immediately and change your password as soonas possible.

10 Infringement and reporting User Content

YouChune respects the rights of intellectual property owners. Ifyou believe that any Content infringes your intellectual property rights orother rights, see YouChune’s copyright policy IfYouChune is notified by a copyright holder, using the forms provided by YouChune,that any Content infringes a copyright, YouChune may in its sole discretionremove such Content from the Service, or take other steps that YouChune deemsappropriate, without prior notification to the user or other party who suppliedor posted that Content. If such user or other party believes that the Contentis not infringing, he or she may in certain circumstances submit acounter-notification to YouChune with a request to restore the removed content,which YouChune may or may not honor, in YouChune’s sole discretion.

If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

11 Service limitations and modifications

YouChune will make reasonable efforts to keep the YouChuneService operational. However, certain technical difficulties, maintenance or testing,or updates required to reflect changes in relevant laws and regulatoryrequirements, may, from time to time, result in temporary interruptions. YouChunereserves the right, periodically and at any time, to modify or discontinue,temporarily or permanently, functions and features of the YouChune Service,with advance notice where possible, all without liability to you, except whereprohibited by law, for any interruption, modification, or discontinuation ofthe YouChune Service or any function or feature thereof. Notwithstanding theforegoing, if you have prepaid fees to YouChune for Paid Subscriptions that YouChunepermanently discontinues prior to the end of the Pre-Paid Period (defined inthe Payments and cancellations section), YouChune will refund you the prepaid fees forthe Pre-Paid Period after such discontinuation. You understand, agree, andaccept that YouChune will make reasonable efforts, although it has no obligationto maintain, support, upgrade, or update the Service, or to provide all or anyspecific content through the Service. YouChune and/or the owners of any Contentmay, from time to time, remove any such Content without notice. This sectionwill be enforced to the extent permissible by applicable law.

12 Brand Accounts

If you establish a YouChune account on behalf of a company,organization, entity, or brand (a “Brand,” and such account a “Brand Account”),the terms “you” and “your,” as used throughout the Agreements, apply to bothyou and the Brand.

If you create a Brand Account, you represent and warrant thatyou are authorized to grant all permissions and licenses provided in theAgreements and to bind the Brand to the Agreements.

A Brand may follow users and create and share playlists,provided that the Brand does not take any action that implies an endorsement orcommercial relationship between the Brand and the followed user, artist,songwriter, or any other person, unless the Brand has independently obtainedthe rights to imply such an endorsement. In addition, Brands must betransparent to our users about disclosing any endorsements or considerationprovided to artists, songwriters, users, or any other party and must complywith all applicable laws, regulations, and codes of practice when engaging inthe foregoing practices.

13 YouChune Support Community

The YouChune Support Community is a place for discussions andexchange of information, tips, and other materials related to the YouChuneService. By using the YouChune Support Community, you agree to the Community Terms.

14 Customer support

For customer support with account-related and payment-relatedquestions (“Customer Support Queries”), please submit a ticket to our CustomerService department using the Customer Service contact form on the About Us section of our website. We will usereasonable endeavors to respond to all Customer Support Queries within areasonable time frame but we make no promises that any Customer Support Querieswill be responded to within any particular time frame and/or that we will beable to answer any such queries.

15 Export control

YouChune’s products may be subject to U.S. export and re-exportcontrol laws and regulations or similar laws applicable in other jurisdictions,including the Export Administration Regulations (“EAR”) maintained by the U.S.Department of Commerce, trade and economic sanctions maintained by the TreasuryDepartment’s Office of Foreign Assets Control (“OFAC”), and the InternationalTraffic in Arms Regulations (“ITAR”) maintained by the Department of State. Youwarrant that you are (1) not located in any country to which the United Stateshas embargoed goods or has otherwise applied any economic sanctions; and (2)not a denied party as specified in any applicable export or re-export laws orregulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexportcontrol laws and regulations, including the EAR, trade and economic sanctionsmaintained by OFAC, and the ITAR. Specifically, you agree that 

you shall not –directly or indirectly – sell, export, reexport, transfer, divert, or otherwisedispose of any products, software, or technology (including products derivedfrom or based on such technology) received from YouChune under the Agreementsto any destination, entity, or person prohibited by any applicable laws orregulations of the United States or any other jurisdiction without obtainingprior authorization from the competent government authorities as required bythose laws and regulations.

16 Term and termination

The Agreements will continue to apply to you until terminated byeither you or YouChune. However, you acknowledge and agree that the perpetuallicense granted by you in relation to User Content, including Feedback, isirrevocable and will therefore continue after expiry or termination of any ofthe Agreements for any reason. YouChune may terminate the Agreements or suspendyour access to the YouChune Service at any time, including in the event of youractual or suspected unauthorized use of the YouChune Service and/or Content, ornon-compliance with the Agreements, or if we withdraw Services and/or Content(in which case we shall provide you with reasonable notice in advance of doingso). If you or YouChune terminate the Agreements, or if YouChune suspends youraccess to the YouChune Service, you agree that YouChune shall have no liabilityor responsibility to you, and YouChune will not refund any amounts that youhave already paid, to the fullest extent permitted under applicable law. Youmay terminate the Agreements at any time. To learn how to terminate your YouChuneaccount, please contact us through the Customer Service contact form which isavailable on our About Us page. This section will be enforced to the extentpermissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24herein, as well as any other sections of the Agreements that, either explicitlyor by their nature, must remain in effect even after termination of theAgreements, shall survive termination.

17 Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE YOUCHUNE SERVICE IS PROVIDED“AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OFANY KIND. YOUCHUNE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIMANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER YOUCHUNE NOR ANY OWNEROF CONTENT WARRANTS THAT THE YOUCHUNE SERVICE IS FREE OF MALWARE OR OTHERHARMFUL COMPONENTS. IN ADDITION, YOUCHUNE MAKES NO REPRESENTATION NOR DOES ITWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTYAPPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHERPRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON ORTHROUGH THE YOUCHUNE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANYBANNER OR OTHER ADVERTISING AND YOUCHUNE IS NOT RESPONSIBLE OR LIABLE FOR ANYTRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICEOR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM YOUCHUNE SHALLCREATE ANY WARRANTY ON BEHALF OF YOUCHUNE. WHILE USING THE YOUCHUNE SERVICE,YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESEFEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULDNOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIESTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS ACONSUMER.

18 Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMSOR DISSATISFACTION WITH THE YOUCHUNE SERVICE IS TO UNINSTALL ANY YOUCHUNESOFTWARE AND TO STOP USING THE YOUCHUNE SERVICE. YOU AGREE THAT YOUCHUNE HAS NOOBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS ORTHE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE YOUCHUNESERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BEGOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE ANDEXCLUSIVE REMEDY, AS WITH RESPECT TO YOUCHUNE, FOR ANY PROBLEMS ORDISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TOUNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL YOUCHUNE, ITS OFFICERS, SHAREHOLDERS,EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS,SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL,PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA,BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OFTHE USE OF OR INABILITY TO USE THE YOUCHUNE SERVICE, DEVICES THIRD PARTYAPPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY,WITHOUT REGARD TO WHETHER YOUCHUNE HAS BEEN WARNED OF THE POSSIBILITY OF THOSEDAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATELIABILITY FOR ALL CLAIMS RELATING TO THE YOUCHUNE SERVICE, THIRD PARTYAPPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BYYOU TO YOUCHUNE DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Agreements removes or limits YouChune’s liabilityfor fraud, fraudulent misrepresentation, death or personal injury caused by itsnegligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST YOUCHUNE MUST BE COMMENCED (BYFILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUALACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTYASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION,OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDYFOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW.

19 Third party rights

You acknowledge and agree that the owners of the Content andcertain distributors (such as app store providers) are intended beneficiariesof the Agreements and have the right to enforce the Agreements directly againstyou. Other than as set out in this section, the Agreements are not intended togrant rights to anyone except you and YouChune, and in no event shall theAgreements create any third party beneficiary rights. Furthermore, the rightsto terminate, rescind, or agree to any variation, waiver, or settlement of theAgreements are not subject to the consent of any other person.

If you h