Effective: may 25, 2018
Welcome to YouClap!
YouClap is a platform where users can engage with each other through challenges, by creating challenges and participating in others’ challenges. These Terms of Service establish the rules that govern your use of YouClap, applying to all users of the YouClap website and mobile application. “We”, “our”, “us” refers to Clapware, Lda, a Portuguese company, tax no 514224002 and with its head office at Portugal, Incubadora de Empresas da Universidade de Aveiro, Campus Universitário de Santiago, Edifício 1, Aveiro, Glória e Vera Cruz, 3810-193 Aveiro . “YouClap” or “service” refers to this website, our mobile application and the services we provide.
YouClap is a platform. We are not responsible for the quality or legality of content.
We may change our service and associated policies. Whenever we make changes that affect your rights under these Terms, we will notify you through our mobile application, website and/or email before the changes come into effect, giving you the opportunity to review them. Continuing to use YouClap after a change to these terms means you accept and are bound by the new terms.
1. Who can use the services
No one under 16 is allowed to create an account or use the Services without consent by legal representative. Please read all terms carefully.
By using the Services, you state that:
You can form a binding contract with Clapware, lda., Portuguese company and,
You will comply with these Terms and all applicable national, and international laws, rules, and regulations.
2. Account creation
When you register for an account you must provide us with accurate information, otherwise we may not able to help with any issues you may face with your account. We want YouClap to both fully inclusive and safe for everyone, so you must commit to the following to register for an account:
You are entirely responsible for your account, including its security and any actions that occur when someone is signed in to your account. If you believe your account is compromised, you should immediately contact us (email@example.com).
- You must be at least 16 years old.• You must not be prohibited to engage with the service by any applicable laws.
- We must not have previously disabled your account for violation of any applicable laws or policies.
If you know that someone is using YouClap is breaking any of the following rules, please report them in-app or contact us (firstname.lastname@example.org).
3. User behaviour
We want to ensure a safe and open service for our entire community. You are entirely responsible for all of the activity on your account and we may terminate your account, without any prior notice, for any of the following:
These guidelines are not exhaustive. We can take action if we deem that your actions are detrimental to YouClap, even if not contemplated in these guidelines. If we take action to remove your content or terminate your account, we will notify you where appropriate. If you believe your content was removed in error or your account terminated in error, please contact us (email@example.com).
- Illegal Activities - don’t do anything unlawful or encourage others to do anything unlawful.
- Violent Content - don’t post or promote any form of content that shows violence, including realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.
- Nudity or Sexual Content - don’t post or promote any form of nudity (breasts, sexual organs, buttocks) or content that is overtly sexual or pornographic, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings."
- Discriminatory Content - don’t post or promote any form of content that is discriminatory, defamatory or offensive, towards religion, race, sexual orientation, gender, national/ethnic origin or any other targeted groups.
- Other inappropriate Content - don’t post or promote any form of content that is intended to offend, disgust, mislead, harass, bully or in exceptionally poor taste.
- Personal Information - you must provide us with accurate and up to date information. Don’t impersonate anyone. Don’t create an account for someone else without their express permission. Don’t post yours or anyone’s personal information.
- Username Squatting - don’t create an account to prevent others from using that username or to sell that username. We may only release squatted usernames in cases of trademark infringement. If you believe your trademark is being infringed, please contact us (firstname.lastname@example.org).
- Intellectual Property - don’t infringe on others’ intellectual property rights.
- Malware - don’t interfere or disrupt YouClap and the respective network servers connected to the service, including transmitting worms, viruses, spyware, malware or other code that is destructive or harmful. Additionally, you can not inject content or code to alter YouClap.
- Unauthorized Access - don’t try to create accounts, access or collect information in any automated manner, including through scripts, bots, spiders, crawlers or scrapers.
- Service Degradation - don’t do anything that interferes, impairs or degrades the intended operation of the service.
- URL Username - don’t use a domain name or URL in your username without our prior written consent.
- Terms Violation - don’t violate (or help or encourage others to violate) these Terms or our policies.
4. Our service
We only provide a platform for users to interact. We do not screen or endorse any content on YouClap. If you see content that violates these terms, report them in-app or contact us (email@example.com) and we will act on these reports within 24 hours, with the possibility of removing content or terminating users, something which we not take lightly, accordingly.
We regularly test features, in order to improve YouClap, and may test them with a random subset of our users. If the feature tested is significantly different than those contemplated in these terms, we will inform you of those differences.
YouClap’s service may stop, temporarily or permanently or be unavailable to users without any notice. We also maintain the right to create storage limitations of use, by our decision, at any time without notice.
By using YouClap, you also agree that we can download and install updates to the service on your device. You are also responsible for all mobile data costs arising from the use of the service.
5. Your content
You keep full ownership of all content that you create on YouClap but you grant us a license to use it. By creating content on YouClap you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. This license is required for us to operate YouClap, promote YouClap and promote your content on YouClap. We will never steal your content or use it in an exploitative manner.
6. Our content
The entirety of YouClap’s content is protected by copyright and trademark. This includes, but is not limited to, the text on this website, the text on the mobile application, our logo, other brand elements and our codebase. We grant you a license to use our logo and other brand elements exclusively to promote your YouClap profile.
You can not otherwise remove, alter or hide any copyright mark, trademark, service mark or other proprietary rights notices accompanying the content of YouClap. You also can not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, disseminate, sell, license or otherwise exploit YouClap’s content without our written permission.
We respect the sea lion and vehemently oppose any form of exploitation, abuse, harm or humanization towards this or any animal.
7. Unsolicited feedback
We always appreciate feedback and suggestions but we may use and implement them without any notice, restrictions or obligation to compensate you for them, being under no obligation to keep them confidential.
To the extent permitted by law, you agree to indemnify us, defend us and hold us harmless, alongside our affiliates, directors, officers, licensors, employees, stockholders, agents, partners, suppliers or content providers, from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including legal fees) arising out of your access to or use of YouClap, your content or your breach of these Terms.
9. App Store and Play Store disclaimer
The App Store is a platform, by allowing our service in its platform, Apple (owned by Apple Inc.) does not in any way sponsor or endorse our service or the activity created in it.
The Play Store is a platform, by allowing our service in its platform, Google (owned by Alphabet Inc.) does not in any way sponsor or endorse our service or the activity created in it.
10. Warranty disclaimer
We will try to the best of our abilities to provide you the best service possible, keeping you safe, secure and in an error-free environment. However, we cannot guarantee that our service will always function without issues, disruptions, delays or meet your expectations.
To the extent permitted by the law, neither YouClap nor its employees, regardless of their contractual relationship and/or its existence perform any representations, warranties or support of any kind, express or implied, concerning:
Provided we have acted with reasonable skill and care, we will not be liable to the user for any loss or damage of any sort that are directly or indirectly related particularly with:
- The YouClap Service.
- YouClap’s content.
- The content of the users.
- The security associated with the transmission of information to the YouClap.
Under no scenario will YouClap be liable to the user or anyone else for any loss, damage or injury, including but not limited to death or personal injury.
YouClap rejects responsibility to any person or entity for any loss, damage or other cause of any kind, resulting from the use of the service with disregard for our terms and policies.
YouClap is not responsible for the actions and omissions, content, information or third-parties’ data. The user exempts YouClap and their respective employees from any claims and damages, known and unknown, arising and/or connected in any way with any claim you may have against such third parties.
- The use or inability to use, by the user or application performance and their services.
- Any action taken connected with owners of copyright or intellectual property.
- Any errors or omissions in the operation of the application and related services.
- Any damage on a user’s device, regardless of their origin including but not limited damages resulting from any breach of security or any virus, bug, error, omission, interruption, defect of any order, online or software failure, or any other damage.
11. Dispute handling
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in Portugal and that Portuguese law will govern these Terms and any claim, without regard to conflict of law provisions.
12. Applicable law
These Terms of Service are governed and interpreted in accordance with the Portuguese law and are governed, in particular, by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
13. Additional content
These Terms, alongside any of our policies, represent the complete agreement between you and us, and overrule all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce. In case a provision cannot be modified, it is excluded from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does ´forgo the ability to enforce any rights in the future.
14. Contact us
If you have any questions, want to give us feedback or just want to say hi, contact us (firstname.lastname@example.org).
If you have any technical issues, contact us (email@example.com).