The YUBO Application (the “YUBO App”) allows you to make new friends. The YUBO App is developed and operated by TWELVE APP SAS, a French company (société par actions simplifiée) registered with number 810 283 507 SIRET and having its registered offices located 59 rue de Ponthieu, bureau 562, 75008 Paris, FRANCE (“TWELVE APP”)
I. ACCEPTANCE OF THE PRESENT TERMS & CONDITIONS
II. CREATING YOUR USER PROFILE
- If you are under age 13, you are not permitted to use the YUBO App. If you are between 13 and 17 years old, you are not allowed to create a user profile without the permission of your legal representative.
If you are the legal representative of a minor YUBO user and you want to contact us, send us a message using the online form available in the section “Safety Center” of the website www.yubo.live
- To create a user profile and have access to the YUBO App, you have to provide us with personal information. You also have to upload a profile picture that represents you. Those personal data need to be provided to access the YUBO App and its functionalities.
- While creating a profile user, you have to provide us with correct information and do not create an account without your own identity. In the event that your access to the YUBO App has been suspended, interrupted or somehow blocked or removed by TWELVE APP, you are not allowed to create a new user profile.
- Within the framework of the control of the user profiles created on the YUBO App and the detection of false ages of users, TWELVE APP reserves the right to carry out checks. Thus, in case of reasonable doubt about your age, TWELVE APP will proceed to the analysis your profile pictures to verify your age and will ask you to (i) send a screenshot of your ID document or school card and (ii) record a short video in which you pronounce 3 random words.
III. PAID SERVICES
- The creation of your user profile and the access to the standard features of the YUBO App is free. To enrich your experience, you can nevertheless subscribe to paid offers, either punctually (to allow you, for example, to increase your visibility on the App for 30 minutes) or through a premium subscription that will give you access to additional features upon payment of a monthly fee (“Paid Services”). The characteristics of Paid Services and their prices are specified in the Application.
- Once purchased, the Paid Services do not give the right to any refund as the Paid services have been duly performed upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have it available immediately and waive your right of withdrawal regarding this purchase.
IV. INTELLECTUAL PROPERTY
- TWELVE APP is the exclusive owner of all rights relating to the YUBO App and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the YUBO App or the websites and services belonging to TWELVE APP. TWELVE APP is also the sole owner of rights to the brand YUBO.
Any copy, reproduction, representation, use, distribution, or reutilisation of these elements without the authorisation of TWELVE APP is liable to legal proceedings, in particular for trademark infringement.
- The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the YUBO App and/or any other constituent element (including software or source code) is prohibited without the authorisation of TWELVE APP and/or of the applicable regulations.
- By the sole means of allowing the download and use of YUBO, TWELVE APP grants users, anywhere in the world, a personal, free, non-transferrable and non-exclusive authorisation to access and use the YUBO App for private use. Downloading and/or using the YUBO App does not confer any rights (intellectual property or other) over the YUBO App.
- The YUBO App may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by TWELVE APP at its sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionalities of the YUBO App, either with regard to their existence or their operation.
V. CONTENT PROVIDED BY THE USER
- When you create your profile or you use the YUBO App, you will be required to send, receive or create content, consisting of, in particular, information, photos, and/or videos.
For the same purposes and exclusively for those purposes, you give similar consent to use any content generated within the scope of the YUBO App (in particular within the Live Chat service) which you may have broadcast publicly through a third-party or parties. In the context of this authorisation, you agree that TWELVE APP may, for instance, use this content for the promotion of the YUBO App on Social Networking sites on which this content has previously been broadcast by us. We remind you that you are not authorised to:
- Post unsolicited commercial communications, or collect information, data, or content belonging to other users without their consent;
- Post content or broadcast any message that infringes on the rights of third parties (in particular to their intellectual property rights), which may be of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying or intimidation of other persons. To this end we remind you that any photos of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of user account from which they originated, without prejudice to criminal proceedings which may arise therefrom;
- Use the name, the voice or the image of any person without their permission;
- Modify the operation of the YUBO App or inhibit its access;
- Use the YUBO App in an illegal, dishonest, malicious and/or discriminatory manner.
This same shall apply in the case of an injunction to that effect by an authorised administration or jurisdiction.
- The user accepts entire responsibility for any action, content, information or data which they may upload, download, post, send, or keep within the scope of the use of the YUBO App. They will be required to compensate TWELVE APP for any damages, losses or expense caused by their words or actions.
- For reasons of security and public order, we may keep, for a reasonable period in compliance with applicable regulations or until the request of deletion provided by the user, a copy of content shared by the user, even where the user may have deleted their account or where said content may have been deleted from the YUBO App.
VI. YOUTUBE FUNCTIONALITY PROVIDED
When you make live video from your user profile, you have the ability to view and share live YouTube video. Search suggestions and the YouTube search bar are accessible directly from the YUBO App.
1. Notification of illicit content – Article 6-I-5 of French law N°2004-575 of 21 June 2004 on confidence in the digital economy
In our quality as host, we are not under a general obligation to monitor the information that we store. You nevertheless have the possibility to notify us of content you consider illicit. To be taken into account, any notification should be addressed by registered letter with proof of delivery to:
Twelve App – Safety Center Notification continues illicites 59 rue de Ponthieu, bureau 562 75008 Paris FRANCE
To be valid, this notification must contain the following elements:
- The duly completed notification form available on the site www.yubo.live under the page “Safety Center”;
- A copy of the correspondence addressed to the author or editor of the litigious information or activity requesting they cease, remove or modify that content, or proof that it was not possible to contact the author or editor.
Only complete notifications will be considered valid. You retain the right to notify the competent authorities of any content you consider illicit.
2. Reporting content constituting an affront to human dignity – offences specified by Article 6-I-7 of French law N°2004-575 of 21 June 2004 on confidence in the digital economy
In compliance with article 6-I-7 of French law N°2004-575 of 21 June 2004 on confidence in the digital economy and any applicable regulations, we are participating in the fight against the following offences:
- Distribution of images of child pornography; Apology for or denial of crimes against humanity
- Distribution of content promoting discrimination, hate or violence against a person group of persons by virtue of their origin, sex, sexual orientation or identity, or disability;
- Distribution of message of a violent or pornographic nature, or which constitute an affront to human dignity, or which encourage minors to participate in games which may place them in physical danger accessible to minors, when this content is liable to be viewed or accessed by a minor;
- Incitement to, or apology for terrorism; Incitement to gamble;
- Incitement to suicide.
We have put in place an easily accessible means of alerting us to any content of this nature of which you may become aware within the scope of the YUBO App.
Simply complete the report form found on the website www.yubo.live on the “Safety Center” page, as well as in the YUBO App.
3. Reporting inappropriate content
In order to allow comfortable, safe use of the YUBO App, we have also put in place a system of community moderation that allows you to report any content you feel is inappropriate.
If you want to report the content of a user profile that is not one of your friends, click on the “…” icon and select one of the options.
If you want to report the profile of a user who is one of your friends, click on the “…” icon for profile of that friend and select one of the options.
This system is designed to improve your user experience with the YUBO App but does not remove your duty to respect the regulations applicable in terms of, in particular, reporting illicit and offensive content as mentioned in VI.1 and VI.2 above.
VIII. PERSONAL DATA
IX. LIMITATION OF LIABILITY
- We make every effort to ensure the YUBO App made available to you is secure and free from errors. However, you use it at your own risk.
Furthermore, we give no guarantee as to the absence of errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the YUBO App, in particular as a result of events on the internet.
TWELVE APP cannot be held liable in case of disturbance, malfunction, or reduced access to the YUBO App resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user. Furthermore, TWELVE APP cannot be held liable for any event attributable to a case of force majeure.
Access to and use of the YUBO App may be temporarily interrupted due to maintenance or technical updates.
- TWELVE APP accepts no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the YUBO App, its content and/or the illicit use by a third-party of the data or other rights of a user.
Each user is free to terminate their relationship with TWELVE APP relating to the YUBO App. They simply need to delete their user profile. Each user is responsible for the information they provide and the content they distribute during their session and use of the YUBO App. The information provided must be accurate, up-to-date, and a true reflection of reality. The content provided by users must be lawful and must not infringe upon the rights of third parties. TWELVE APP cannot be held liable for inaccuracies or the erroneous character of content provided by the user and any consequences which may arise as a result.
X. DIVISIBILITY AND WAIVER
XI. COMPETENT JURISDICTION – APPLICABLE LAW
For any claim or dispute, the user is invited to contact TWELVE APP in the first instance at support.yubo.live in order to allow an amicable solution to be found. In accordance with the French consumer code, TWELVE APP subscribes to the FEVAD Mediation service who can be contact at:
FEDERATION E-COMMERCE ET VENTE A DISTANCE 60 rue de la Boétie 75008 PARIS [www.fevad.com](https://www.fevad.com/)
The user can call upon this service on condition of having previously contacted TWELVE APP directly at the address indicated in preceding paragraph. Following this preliminary procedure, the user may contact the mediation service for any dispute with TWELVE APP not resolved with the latter.
In accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the European Union by extrajudicial means. This service can be accessed at the following address: https://webgate.ec.europa.eu/odr/
Last updated: 11 September 2020