TERMS OF USE
Last updated on July 12, 2022.
Please read these Terms of Use carefully before using the YOUTUNEIN application By using YOUTUNEIN (herein referred to as "Application" and/or "Service") on any cell phone, tablet and/or other existing or upcoming device (collectively referred to as "Device"), you, as the user of the application, confirm that you have read, understood and agree to be bound by these Terms of Use and any other applicable law. YOUTUNEIN, INC, located at SW 38th Ctth Coral Gables – FL – United States, Zip: 33134 (named "we", "us" and/or "our"), may change these Terms of Use at any time, without prior notice, after its publication in the application. Your continued use of the application will be deemed your acceptance of the revised, amended and/or created Terms of Use. If you do not agree to these Terms of Use, do not use this application.
1. Scope of the license
The application is licensed, not sold, to you. We grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to run the application on your device solely for the purpose of performing the functions and tasks available to you as an end user of the application. This license does not allow you to use the application on any device that you do not own or control by right, and you may not distribute or make the application available on a network where it can be used by multiple devices at the same time and/or people at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the application. You may not copy (whether the meditations and/or any type of content), or reproduce in an unauthorized manner, decompile, attempt to change the source code, modify or create derivative works from the Application, any updates or any part thereof. Any attempt to do so is a violation of our rights as a licensor. If you violate this restriction, you may be subject to prosecution, with possible loss and damage fines.
2. Intellectual property
All intellectual properties of the application and its advertisements or out-of-application postings, which include copyrighted materials, trademarks or patent laws, belong to us or are licensed to us. All trademarks, service marks and trade names are owned, registered and/or licensed by us and to us. All content of the application (except personal information), including, but not limited to, meditations, text, software, scripts, codes, designs, graphics, photos, sounds, music, videos, applications, interactive features and/or any and all other content (referred to as "Content") is our intellectual property with all rights reserved to us.
3. Privacy
To use the application, you may be asked to provide certain personal information. Any and all issues related to the provision of your personal information is governed by our Privacy Policy and you agree to the collection of such information using the Application. Therefore, we assume that by using the Application you have assured us that you have read the Privacy Policy and Terms of Use carefully and agree with all of its provisions.
4. Use of YouTuneIn by Minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed or any other activity inside the application or in the Products only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.
5. Third Parties
The application may contain links to websites, applications and/or other products or services operated by other companies (called "Third Party Services"). We do not endorse, monitor and/or have control over these Third-Party Services, which have their own separate terms of use and privacy policies. We are not responsible for the content or policies of Third-Party Services and you access these Third-Party Services at your own risk.
6. It is not authorized
You must not under any circumstances use the application and/or send to us and/or the application and/or to any user of the application, anything that is images, messages and among others, in any aspect that:
6.1 Violate any law, statute, regulation and/or any jurisdiction and law applicable in your country;
6.2. be fraudulent, criminal or illegal;
6.3 Be considered obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, hostile, threatening, embarrassing, malicious, abusive, hateful, threatening, defamatory, false, against morals and good customs, political and / or other content that is in disagreement with the law and / or that YOUTUNEIN deems to be in disagreement with its brand;
6.4 May infringe and/or violate copyright and/or any intellectual property rights (including but not limited to copyright, trademark and transmission rights) and/or privacy and/or other rights of ours or others;
6.5 It may be contrary to our interests;
6.6 It is contrary to any specific rule or requirement that we stipulate in the application in relation to a specific part of the application or the application in general; 5.7. Involves the use, delivery and/or transmission of viruses or anything that may damage, detrimentally interfere with, intercept or clandestinely expropriate any system, data or personal information and/or the Application itself.
7. Fees and payments
7.1 The application is free to download. However, certain features of the Service are offered upon subscription for a fee. You will pay the applicable fees (and any related taxes) to the online store (App Store) as they become due.
7.2 The fee subscription is automatically renewed at the end of each period (every week, month, 6 months, year or other) until you cancel. The subscription offered in a unlimited, lifetime basis is a one-time, final, non-refundable purchase, but can be cancelled at any time by you.
7.3 To the maximum extent permitted by applicable law, we may change subscription fees at any time. We will give reasonable notice of these price changes by publishing the new prices through the application and/or by sending a notification by e-mail. If you do not wish to pay the new fees, you may cancel the applicable subscription before the change takes effect.
7.4 You authorize the online store of your device to charge the applicable fees on your credit card that is inserted in it.
7.5 By subscribing to certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize the Online Stores of your devices to charge you for the renewal period. The automatic renewal period will be the same as the initial subscription period unless a new service is released to you. The renewal fee will not exceed the fee for the period immediately prior to the subscription, excluding promotional and discount prices, unless we notify you of a change in fee. You must cancel your subscription according to the cancellation procedures disclosed to you for your specific subscription within the online store. We will not refund any fees that may have accrued to your account and will not provide fees for a cancelled subscription.
7.6 We may offer a free subscription to the Service. The free period provides access to the Service for a certain time and may contain limitations on access to use of the application. Unless you cancel before the end of the free period or unless otherwise indicated, your access to the Service will be automatically renewed and you will be charged for the applicable fees for the Service after the free period has passed. It is your responsibility to know when the free trial will end. We reserve the right, at our sole discretion, to modify or terminate any free trial offer, your access to the Service during the free trial or any of these terms without prior notice and without liability. We reserve the right to limit your ability to take advantage of various free trials.
7.7 The Service and your usage rights expire at the end of your paid subscription period, which may be terminated by you or us. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue, however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
7.8. Subscriptions purchased through online stores are subject to their refund policies. This means that we cannot grant refunds. You will need to contact support from your online store.
8. Legal Notice
8.1. The use of any aspect of the Application is at your own risk. You should consult certified health consultants and make your medical decisions based on their advice. We cannot and do not accept any liability for any content and/or activities that you may perform through the use of the Application or on account of comments from users of the Application. You acknowledge that use of the Application is at your own risk.
8.2 The application contains binaural frequencies. DO NOT drive any kind of vehicle while using the Binaural Frequencies, these frequencies can lead you to a trance state and can
be a risk to your own personal safety as well as the safety of the people around you.
8.3 Beginners of meditations with binaural frequencies are advised not to exceed a maximum session of fifteen minutes per day. Each individual has
results and different levels, so it is up to you and your unilateral decision to determine when to go deeper into the meditations and no longer be considered a beginner. Excluding the Application from any responsibility.
8.4 If you experience anxiety, convulsions, overwhelming subconscious images, nausea, headache, dizziness, and/or rapid heartbeat, it is necessary to immediately stop using the Application and consult a doctor or specialists in the field before returning to the practices of binaural frequency meditations. In these cases, you can choose the "no Binaural Beats or Frequency" options available in all meditations.
8.5 The use of binaural beats or frequencies for pregnant women is NOT recommended. You can practice the application meditations by choosing the "no Binaural Beats or Frequency" options, which are available in all meditations.
8.6 Do NOT use Binaural Beats or Frequencies if you have any symptoms of brain hyperactivity or brain wave instability.
8.7 We are not responsible and / or result and / or performance of the Application for implied or statutory guarantees.
8.8 The Application will be free of errors and / or any errors that may arise, they will be corrected.
8.9 We do not guarantee that any description provided by the Health Care Application and/or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us and/or any representative of ours, whether in writing or oral, will create any warranty or generate any damage to us as a result of this information. If you choose to rely on this information, you do so solely at your own risk.
8.10. The Application may not be available in all languages and/or in all countries, and we do not state that the functionality of the Application would be appropriate, accurate or available for use in any specific location. Application availability and pricing are subject to change.
9. Limitation of liability
9.1. To the maximum extent permitted by applicable law, under no circumstances, whether by tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our employees, directors, officers, among other members of the Application, be liable to you or any third party for personal injury, including death, or for any indirect, special, incidental, and/or consequential losses or damages, of any nature arising out of and/or related to the use and/or inability to use the Application, including, but not limited to, damages for loss of profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, failure and/or malfunction of the computer or device that uses the Application, even if a representative of ours has been advised or should have known of the possibility of such damages. In no event shall we be liable for damages in excess of fifty dollars ($50).
9.2 Any complaints related to the use of the Application must be filed within one (1) year from the date of the event that gave rise to such action. The remedies under these Terms of Use are exclusive and are limited to those expressly provided in these Terms of Use, even if the remedy applicable under these Terms of Use fails in its essential purpose.
10. Indemnification
10.1 You agree to defend, indemnify and hold us harmless, including our directors, officers, employees, subcontractors, licensors and suppliers, any of our companies or affiliated organizations and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses,
liabilities, judgments, agreements, costs or expenses (including attorneys` fees and costs) arising directly or indirectly from or related to:
a) violation of these Terms of Use by you or anyone using your computer, mobile device, password or login information;
b) any claim, loss or damage suffered from the use or attempted use (or inability to use) of the Application;
c) your violation of any law or regulation;
d) any other matter for which you are responsible under these Terms of Use or under the terms of the law. You agree that your use of the Application must comply with all applicable laws, regulations and guidelines.
10.2 We reserve the right to assume the exclusive defense and control of any demand, claim or action arising out of this document or in connection with the Application and all negotiations for solution and/or compromise. You agree to cooperate fully with us in the defense of any demand, claim, action, solution and/or compromise negotiation as requested by us.
11. Termination of Use
11.1 These Terms of Use are effective until terminated by you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission for you to use the Application will automatically terminate.
11.2 However, we may, at our sole discretion, terminate these Terms of Use and your access to all or part of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your violation of these Terms of Use, these actions complement and do not replace or limit any other right or remedy that may be available to us. Upon termination of these Terms of Use by you or us, you must immediately uninstall the Application on all of your devices and destroy all materials downloaded or otherwise obtained by the Application, all documentation and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason: Intellectual Property, Copyright, Disclaimer, Limitation of Liability, Indemnification, Choice of Law and Dispute Resolution,
Entire Agreement and Severability.
12. Applicable lining
12.1 These Terms of Use and any non-contractual obligations arising out of or related to them shall be governed by and interpreted in accordance with the laws of Florida - United States.
12.2 Any controversy or claim arising out of or related to these Terms of Use, or the violation, termination or invalidity thereof, shall be finally resolved by arbitration. The headquarters of arbitration in United States. The language to be used in the arbitration proceedings shall be English.
13. General Provisions
13.1 These Terms of Use and Privacy Policy set forth herein constitute the entire agreement between you with respect to the subject matter hereof and the Application. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is replaced by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.
13.2 If any provision of these Terms of Use is found by a court or competent jurisdiction to be unenforceable, such provisions shall be amended, limited or deleted to the minimum extent necessary for these Terms of Use to remain otherwise in full force and effect.
13.3 You may not assign or transfer these Terms of Use, by operation of law or otherwise, without YOUTUNEIN`s prior explicit written consent.
13.4 You agree that these Terms of Use, Application Privacy Policy and/or the contract between you and us in general may be assigned by us, at our sole discretion to third parties.
13.5 All applicable rules in these Terms of Use, including, but not limited to, applicable lining, also apply to the Application Privacy Policy. 13.4 All notices related to these Terms of Use will be posted on the Application or sent to you in the email you provide to us, and we are not responsible for the spam boxes.
13.6 You agree that these Terms of Use and Privacy Policy incorporated between you and us may be assigned by us, at our sole discretion and to third parties.
Send us any notices, questions, suggestions or complaints regarding these Terms of Use to the email: support@youtunein.com
SUBSCRIPTION TERMS
Last updated on July 12, 2022.
1. Unless you cancel within 24 hours before the end of the free trial, you will be automatically charged the price indicated on the payment screen and/or the pop-up payment screen for the chosen subscription period and/or offered in the application.
2. Payment will be charged to your iTunes and/or Google play account and/or any store where the application is made available for purchase.
3. The subscription is automatically renewed at the end of each period (every week, month, 6 months, year or other) until you cancel. The subscription offered on an unlimited, lifetime basis is a one-time, final, non-refundable purchase, but can be cancelled at any time.
4. You can cancel the subscription (with the exception of an unlimited validity) at any time by deactivating the automatic renewal in your account settings.
5. To avoid charges, cancel the subscription in your account settings at least 24 hours before the end of the evaluation or the current subscription period.
6. You alone can manage your subscription. Learn more about how to manage subscriptions (and how to cancel them) on your device`s online store page.
Send us any warnings, questions, suggestions or complaints to contact@youtunein.com