Terms of Service

Youphenom RULES

a) Youphenom is a social-networking-style platform that enables users to create "Profiles" to express and display their ideas, views, photos, also topics/activities/objects they like. These Profiles are represented in the form of "Teams" competing in "Leagues". The Teams only compete with other teams in the same League, but the Teams are grouped in the different Leagues not according to related themes, topics, or categories reflected in the Profiles, but according to the "ranking" of the Teams based on their record of performance.

b) All the teams in Youphenom are created by users. The Leagues have no relation to any actual existing Leagues. The Teams in Youphenom are not intended to have any relation to actual Teams. If the user chooses to use actual Team's (or other entity) features, such as but not limited to Name, Colors, Logo, IT'S THE RESPONSIBILITY OF THE USER TO OBTAIN ANY NECESSARY LICENSES, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS PRIOR TO START USING THESE FEATURES!

c) The FREE VERSION allows the user to follow the games, see any team's profile page and create one team. The FREE VERSION also gives each user 1 FREE VOTE per DAY (that expires at the end of that day). If you want to vote more times for the same team or another team on the same day, you need to SHOP for votes (which don't expire). (Note: it is perfectly in accordance with the Rules to vote for your own team).

To remove the ads provided by Youphenom the FULL VERSION of Youphenom needs to be obtained. (Please note that the full version will remove only ads by Youphenom. Any sponsored advertisements, promotions, coupons and other ads provided by the teams are considered part of their profile and will not be removed in the full version).

Unlimited number of teams is allowed per user account. After the first team is created free of charge, in-app purchase is required for each new team after that.

Each new team is assigned to the highest possible League on the first come first serve basis. After creating a Team and choosing Team Name, Team Colors, etc., it's up to the user to promote the Team to accumulate vote-points.

d) The Teams compete against one another based on the number of VOTES (+1 VOTE-POINT for each vote/like received) the teams get during the "Game"/"Match" (or the whole Season in the case with the Conference League).

e) There are 4 Leagues: L1 (highest ranking), L2, L3, L4 with 28 teams in each League + there is the CONFERENCE-League (the lowest ranking) with unlimited number of teams.

f) Each Game in the 4 Leagues continues 24 hours, during which the teams are getting VOTES/LIKES (1 VOTE = 1 VOTE-POINT) from the users (fans). On the first day of the month there are 14 games (14 pairs of teams) and they play 27 days until every team has played against all the teams in the League. For each win the teams receive 3 points, 1 point for a draw, and 0 points for a loss. (In the Conference League there are no Games/Matches (pairs of teams), the Standings during and at the end of the Season (Month) are based on the amount of votes/likes accumulated by each team throughout the current Season). After the 27th day based on the ranking, the teams are paired in Playoff Games/Matches. The number of points determines the ranking of a team (more points = higher ranking in the standings). If two or more teams have the same number of points the following criteria will be used: (i) greater number of points obtained in the matches between the teams in question, (ii) greater total number of votes during the season, (iii) the team that was created first, (iv) drawing of lots by the Youphenom software system. (Please note the Standings in the Conference are updated in "real time", as the Standings in the L1, L2, L3 and L4 are updated only at the end of the Game-day when the game is finished and the distribution of the points for all teams is definite).

g) Playoffs - Playoffs are played in L1, L2, L3 and L4, but not in the Conference League. Playoffs determine the Champion of the particular League and the Teams that will shift to the superior League, but Playoffs don't have any effect on the point calculation for the regular season Standings. The teams bound for the Playoffs are highlighted in golden color and the Playoffs are played as follows: (i) for the months with 31 days (as there are 4 extra days after the 27 days of the "regular" Season) - Day 28 - Round of 16, Day 29 - Quarter-finals, Day 30 - Semi-finals and Day 31 - Final. In the "Round of 16" Team1 will play with Team16, T2-T15, T3-T14, T4-T13, etc. The same for the next rounds the team with the best ranking plays the team with the lowest and so forth. The best 8 teams (those that qualify for the Quarter-finals) will advance for the next superior League for the next Season; (ii) for the months with 30 days (as there are only 3 extra days) there will be no "Round of 16", but only Quarter-finals, Semi-finals and Final; (iii) for the months with 29 days - Semi-finals and Final; (iv) for the months with 28 days there will be only final, still 8 teams advance to the next superior League (the 2 finalists + the 3rd-8th place teams during the regular Season). If two teams tie in a Playoff game, the team that ranked better in the regular Season wins.

h) The next Season starts on the 1st day of the next month. The top 8 teams from League2 shifted to League1 and the 8 lowest ranking teams in League1 are now shifted to League2, still 28 teams in each of the Leagues. The same applies to the rest of the Leagues and the Conference. No teams will be relegated from the Conference League since there is no lower ranking League.

Please note that in the Standings, although the golden line indicates the 8 teams that will shift to the next superior League and the white line indicates the 8 teams that will shift to the next lower League for the next Season, they should be used only as guidance, because they may be certain periods and scenarios when this lines are not perfectly accurate. One such case is if there is a team marked by its owner for deletion, as this may affect the calculation of the promotion/relegation, since the deleted teams will be favored for relegation (and ultimately deleted after the end of the Season). For example if there is a deleted team ranked 18th at the end of the regular Season, this team will be relegated instead of the team ranked 21st (best ranked team in the relegation zone), so until the Standings for the next day are calculated, the white line will not represent accurately the exact 8 teams that will be actually relegated.

i) Comments, photos and links to videos can be posted on the Team Profile pages, User Profile pages and Game pages. The users can choose to use their username or the name of one of the teams they own before submitting each post. Users can delete only their own posts.

j) Users can post/sell advertising, sponsorships, or promotions ONLY within the areas specifically designated for this purpose.

k) The aspect ratio for the Sponsored Advertisement is 14:5 and the actual width/height is 140:50.

ACCEPTANCE OF TERMS

Welcome to Youphenom. By accessing or using the Youphenom Service, you accept and agree to be bound by the following Terms of Service. If you do not agree to any of these Terms, the Rules, or the Privacy Policy, please do not use the Service. Youphenom can, in its sole discretion, revise or update the Terms of Service at any time without notice to you and you agree to be bound by such revisions or updates. (You can review the most current version of the Terms of Service at any time at: www.youphenom.com. In addition, when using particular Youphenom owned or operated services, you and Youphenom shall be subject to any posted rules or general principals applicable to such services, which may be also revised and updated from time to time. Youphenom may also offer other services that are governed by different Terms of Service.

You agree that all of Youphenom's trademarks, trade names, service marks and other Youphenom logos and brand features, and product and service names are trademarks and the property of Youphenom and its licensors. Without Youphenom's prior permission, you agree not to display or use in any manner the Youphenom brand features.

* SERVICE

Youphenom Service includes all aspects of Youphenom, including but not limited to virtual reality Leagues, social networking service, forums, various communications tools, personalized profile pages, developing your own team franchise brand, shopping services, products, search services, personalized and branded content. You understand and agree that the Youphenom Service may include Youphenom advertisements in the free version of the Service and Team advertisements in all versions. You also understand and agree that the Youphenom Service may include certain administrative announcements or messages which are considered part of Youphenom membership and you will not be able to opt out of receiving them.

Youphenom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Youphenom Service (or any part thereof) with or without notice. You agree that Youphenom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Youphenom Service (or any part thereof).

The Youphenom Service is provided on an "AS-IS" and "AS AVAILABLE" basis and Youphenom assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The Service may contain links to third party websites that are not owned, operated or controlled by Youphenom. Youphenom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Youphenom will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Youphenom from any and all liability arising from your use of any third-party websites. We strongly recommend that you be aware when you leave the Service and read the terms and conditions and privacy policy of each other website that you visit. In order to access the Youphenom Service an active Internet connection is required. You are responsible for obtaining access to the Youphenom Service, and that access may involve third-party fees (such as mobile phone service provider, Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Youphenom Service. You understand that the technical processing and transmission of the Youphenom Service, including your content, may involve transmissions over various networks; and modifications to conform and adapt to technical requirements of connecting networks or devices.

* ACCOUNT

In order to access the Youphenom Service, you will have to create a Youphenom account and you are solely responsible for the activity that occurs on your account. When creating your Youphenom account, you must:

* Be 13 or older.

* Provide accurate and complete information.

* Keep your password secure. Notify Youphenom immediately of any unauthorized use of your account or breach of security.

* Not create an account for anyone other than yourself without permission.

* Not create another account without our permission, if we disable your account

* USING Youphenom. PERMISSIONS, RESTRICTIONS AND SAFETY

Youphenom herby grants you a personal, limited, non-exclusive, non-transferable and revocable license to access and use Youphenom Service as set forth in these Terms of Service. While using Youphenom Service you agree:

* Not to violate any laws, our policies or third party rights.

* Not to use Youphenom to do anything unlawful, misleading, malicious, or discriminatory.

* Not to incite hatred or violence, or harass any user.

* Not to post/sale advertising, sponsorships, or promotions anywhere throughout the Youphenom, except for the specifically designated areas.

* Not to post adult/nudity content. In case you post alcohol or tobacco-related content (including advertisements), you MUST appropriately indicate age-based restrictions.

* Not to modify, build upon, or block any part of the Service.

* Not to distribute viruses, other malicious code, or technologies that may harm Youphenom, or the interest of Youphenom users.

* Not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.

* Not to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Youphenom Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

* Not to distribute in any medium any part of the Service or the content without Youphenom's prior written permission.

* Not to reproduce, duplicate, reverse engineer, copy, transmit, lease, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Youphenom Service (including Content, advertisements and Software).

* Not to harvest or otherwise collect information about users, including but not limited to email addresses, usernames, legal names, telephone numbers, or other personal information, without their consent.

* Not to violate any intellectual property rights, such as but not limited to copyrights, trademarks, patents, trade secrets.

* Not to impersonate any person or entity, including, but not limited to, a Youphenom official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Please report any violations to our Customer Service group.

Youphenom gives the users the opportunity to create and develop their own franchise brands and to profit from them through Youphenom Service, including but not limited to finding sponsors and advertisers and display their ads/promotions in the specially designated fields on their team Profile page and Game page (during a game). (See age/nudity/tobacco/alcohol restrictions).

* CONTENT.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Youphenom, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Youphenom Service. Youphenom does not control the Content posted via the Youphenom Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

* The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Youphenom, subject to copyright and other intellectual property rights under the law.

* Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by Youphenom on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Youphenom or the respective licensors of the Content. Youphenom and its licensors reserve all rights not expressly granted in and to the Service and the Content.

* You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

* You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Youphenom is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Youphenom with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Youphenom, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

* As a Youphenom account holder you may submit Content to the Service, including photos, links to videos and user comments. You understand that Youphenom does not guarantee any confidentiality with respect to any Content you submit.

* You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Youphenom all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

* For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Youphenom, you hereby grant Youphenom a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Youphenom's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media known now or in the future. In addition you grant Youphenom a worldwide, non-exclusive, royalty-free license to produce, distribute and sell certain commemorative team items and memorabilia, including but not limited to medals, winner diplomas, winner jerseys containing team name and logo. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your photos and videos from the Service. You understand and agree, however, that Youphenom may retain, but not display, distribute, or perform, server copies of your photos and videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

* You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Youphenom all of the license rights granted herein.

* You further agree that you will not submit to the Service any Content or other material that is contrary to the Youphenom Terms of Service, Rules or Privacy Policy, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

* Youphenom does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Youphenom expressly disclaims any and all liability in connection with Content. Youphenom does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Youphenom may remove all Content if properly notified that such Content infringes on another's intellectual property rights. Youphenom reserves the right to remove Content without prior notice.

* Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Youphenom Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Youphenom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Youphenom Service.

* PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Youphenom Privacy Policy. You understand that through your use of the Youphenom Service you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Youphenom and its affiliates.

* TERMINATION

You may terminate your Youphenom account and access to the Youphenom Service by submitting such termination request to Youphenom.

You agree that Youphenom may, without prior notice, immediately terminate, limit your access to or suspend your Youphenom account and access to the Youphenom Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (i) breaches or violations of the Terms of Service or Privacy Policy, or other incorporated agreements or guidelines, (ii)requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Youphenom Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent or illegal activities, and/or (vii) nonpayment of any fees owed by you in connection with the Youphenom Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Youphenom's sole discretion and that Youphenom shall not be liable to you or any third party for any termination of your account or access to the Youphenom Service.

Termination of your Youphenom account includes any or all of the following: (a) removal of access to all or part of the offerings within the Youphenom Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Youphenom Service.

* INDEMNITY

You agree to indemnify and hold Youphenom and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Youphenom Service, your use of the Youphenom Service, your connection to the Youphenom Service, your violation of the Terms of Service, or your violation of any rights of another.

* DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Youphenom SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK. THE Youphenom SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Youphenom, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

* LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Youphenom AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (e) ANY BUGS, VIRUSES, OR OTHER MALICIOUS CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Youphenom SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Youphenom from its facilities in the United States of America. Youphenom makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

* NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Youphenom without restriction.

* NOTICE

Youphenom may provide you with notices, including those regarding changes to the Terms of Service, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Youphenom Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms of Service by accessing the Youphenom Service in an unauthorized manner. Your agreement to this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Youphenom Service in an authorized manner.

* GENERAL

ENTIRE AGREEMENT. The Terms of Service constitutes the entire agreement between you and Youphenom and governs your use of the Youphenom Service, superseding any prior version of this Terms of Service between you and Youphenom with respect to the Youphenom Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Youphenom services, affiliate services, third-party content or third-party software. No agency, joint venture, partnership, franchiser-franchisee, or employee-employer relationship is intended or created by this Terms of Service.

CHOICE OF LAW AND FORUM. You and Youphenom each agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Youphenom, shall be brought exclusively in the courts located in Eagle County, Colorado. You and Youphenom agree to submit to the personal jurisdiction of the courts located within Eagle County, Colorado, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS. The failure of Youphenom to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Youphenom Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or such cause of action is forever and permanently barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.