also see Privacy Policy
Terms of Service
Last updated: March 8, 2024
Thank you for your interest in Yunwenverse Media, which owns and operates the services offered on karunaverse.org (“Karunaverse Website”), including the Karunaverse platform (“Karunaverse Platform”), and any associated mobile applications (“Karunaverse Apps”) or additional products and services that Karunaverse may provide now or in the future, whether provided free of charge, or on a fee, purchase, or subscription basis (collectively, the “Service”).
The following are the terms of service (“Terms”) that define the relationship between Yunwenverse Media Inc registered as an incorporated company under the laws of the Province of British Columbia in Canada (“Company,” “Karunaverse,” “we,” or “us”) and you (“User”), and govern your use of the Service.
Quick Reference
- Agreeing to our Terms
- Using the Service
- Karunaverse Technology
- Your Information and Content
- Privacy and Security
- Registration and Security
- Additional Terms by User Type
- Additional Terms for Karunaverse Related Services
- Modification to Agreement
- Your Representations and Warranties
- Your Covenants and Promises
- Acceptable Use and Conduct
- Experimental Features
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- Indemnity
- Copyright Protection
- Term and Termination
- International Users
- Dispute Resolution
- Miscellaneous
- Contacting Karunaverse
1. Agreeing to our Terms
Please read the Terms carefully before you start using the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept or agree to be bound and abide by these Terms, our Privacy Policy, and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time (collectively “Guidelines”), incorporated herein by reference. If you do not want to agree to these Terms, the Privacy Policy, or the Guidelines, you must not access or use the Service.
Age Specific Uses of the Site:
The Service is available to all Users, including to individuals under the age of 13. Except as otherwise set forth in this Agreement, the Service’s content is in part directed to children under 13 as a primary audience.
Individuals under the age of 13 may not register for accounts, post User Content (as defined below) or subscribe to premium services, without permission from parents, guardians, or other authorized Users who are legally authorized to act on behalf of parents under provincial or federal law (collectively “Parent”) as defined herein. Individuals under the age of 13 must have their account bonded with a Parent’s account.
If the User is a Parent, they may grant consent and permission for individuals under the age of 13 to access and use the Service on behalf of the minor. If so, then such individuals under the age of 13 may use the Service provided the Parent agrees to the Terms.
Younger visitors should always check with their Parent before entering information on any website or mobile application, and we encourage families to discuss their household guidelines regarding the online sharing of information.
2. Using the Service
Permission to Use Karunaverse
As long as you are complying with these Terms, Yunwenverse Media gives you permission to access and use the Service solely to enable your use of the Service.
Unless specified otherwise, access to and use of the Service is free, though we may offer new or additional special features, and additional premium subscription-based services for which Yunwenverse Media may charge fees, subscription charges or other prices. Please also be aware that while we currently provide our mobile services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Changes to the Service
From time to time, we may implement changes and improvements to our Service. We may add or remove functionalities or features, and we may suspend or stop a feature or the Service altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, to users, including registered users.
You are responsible for both making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.
Restrictions
Except as expressly permitted under this Agreement, you agree you will follow all the restrictions set forth in the Karunaverse Technology and Acceptable Use and Conduct sections below.
3. Karunaverse Technology
The Service and the Karunaverse Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement.
“Karunaverse Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Karunaverse proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Service, and all other intellectual property, including all Karunaverse Marks.
“Karunaverse Marks” means the trademarks, service marks, service names, logos, or any other trade name, other distinctive or proprietary brand features of Karunaverse, Karunaverse’s name, the terms and all related names, logos, product and designs, and slogans.
All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
Karunaverse Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Karunaverse Technology. You agree that, as between you and Karunaverse, all the intellectual property rights in the Service and Karunaverse Technology, which does not include User Content (as defined below), are owned by Karunaverse or its licensors. These terms do not grant you the right to use any Karunaverse Marks.
You will not, nor will you allow any third party (whether or not for your benefit) to:
- Run, license, rent, lease, loan, distribute or sell access to the Service or the Karunaverse Technology.
- Build or support (and/or assist a third-party in building or supporting) products or services in competition with Karunaverse, or access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.
- Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Karunaverse Technology for any purposes other than as expressly permitted under this Agreement.
- Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any Karunaverse Technology.
- Access (or attempt to access) any service on the Service by any means other than as permitted in this Agreement.
- Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content (as defined below) or Karunaverse Technology or enforce limitations on use of the Karunaverse Service or the User Content and Karunaverse Technology.
- Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any Karunaverse custom products or merchandise, or otherwise use any Karunaverse Technology in a manner that creates the impression that the Karunaverse Technology belongs to you.
- Use Karunaverse Marks without the prior written permission of Karunaverse.
4. Your Information and Content
User Content
In the course of using the Service, you and other Users may provide or post certain content or information (including, but not limited to, artwork, photography, voice or video (collectively referred to as “Artwork”), which may be used by Yunwenverse Media in connection with the Service and which may be visible to certain other Users (collectively “User Content”). Please visit our Privacy Policy for additional information on the types of information different types of Users are able to provide.
Ownership
Consistent with applicable law, as between Yunwenverse Media and you, you retain all ownership rights you have in any User Content. Yunwenverse Media does not claim any ownership rights in the User Content. In short, what belongs to you stays yours. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you, and the rights to such template or layout will remain with us.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
License
In order to allow Yunwenverse Media to provide the Service, you hereby grant to Yunwenverse Media a limited, non-exclusive right and license to:
- Use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part) such User Content as necessary to provide, improve and make the Service available to you and other Users,
- Use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or in marketing and business development purposes);
- Use any User Content that has been de-identified for any product development, research or other lawful purpose subject to the Privacy Policy; and
- Use for other purposes permitted by the Yunwenverse Media Privacy Policy.
In addition to the rights, licenses and privileges referred to above, you agree that Yunwenverse Media may use and refer to your Artwork and / or screen name that are posted publicly on the Service and not in the private areas of our Service (“Public Artwork”) (including screenshots) in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Service, and any products, goods, features, capabilities and/or services associated with the Service. This right will continue until your Public Artwork is deleted; provided however, that any Public Artwork previously printed in brochures, articles or other marketing materials that Yunwenverse Media had prepared before any request for deletion was received will continue to be used.
Yunwenverse Media will only share and use your personal information in accordance with Yunwenverse Media’s current Privacy Policy.
License Termination
The license in 4(iii) above will terminate when you delete (i) any User Content with intellectual property rights (like images or videos) (“IP Content”), or personally identifiable information, (ii) delete your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you post User Content on the Service, some of it may be publicly available, and it means that you are allowing everyone, including people unaffiliated with Yunwenverse Media, to access and use that information, and to associate it with you (i.e., your name and profile picture if you provide one as a User or any Artwork uploaded). Please see the section entitled Deleting Your Account in our Privacy Policy for more information. When you delete IP content or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Parents acknowledge and agree that the license granted in 4(iii) may mean that Parent has granted such license when they consent to their child’s Artwork being posted publicly on the Service. The license in 4(iii) above will terminate when you withdraw your consent or delete the IP Content.
Your Responsibilities and Rights
You agree that you are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. You are responsible for ensuring your User Content complies with the Acceptable Use and Conduct Section and any other guidelines or conditions specific to certain categories of User Content. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Yunwenverse Media cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which Users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You acknowledge that Yunwenverse Media and its designees (such as Parent) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, delete, remove, post, display, or transmit any User Content through or on the Karunaverse Service in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not any User Content is appropriate or acceptable to you. We do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice that reports User Content that infringes someone’s intellectual property rights.
Your Likeness
If you are a User and upload any Artwork or image containing your likeness, you also agree to the following: You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual’s likeness, for purposes of using the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of thirteen (13), you have obtained such written consent, release and/or permission from such individual’s Parent (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request).
5. Privacy and Security
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information, protect your privacy when you use our Service, and for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. Please see our Privacy Policy for a description of the procedures by which a child or Parent may review, access or delete the personal information of a child.
6. Registration and Security
To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
As a condition to using the Service, you may be required to register with Karunaverse and select a username and password or provide additional contact information (collectively, “User ID”). You must provide Yunwenverse Media with true, accurate, complete, and current User ID information. You agree to promptly update all information to keep your account on Karunaverse current, complete and accurate. You may not select or use as a User ID the name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Yunwenverse Media reserves the right to refuse registration of or cancel a User ID in its discretion.
You shall be responsible for maintaining the confidentiality of your User ID, and, if you are a Parent, the User ID of your child and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Yunwenverse Media. Additionally, as a Parent, the email address that you submit must not be shared by anyone else, especially your child or any other minor. Yunwenverse Media will not be liable for any direct or indirect loss that you may incur as a result of someone else using your User ID, either with or without your knowledge or for a failure to comply with this section. However, you may be held liable for losses incurred by Yunwenverse Media or another party due to someone else using your User ID. In other words, please be careful with your identity and passwords.
You expressly agree to (a) immediately notify Yunwenverse Media of any unauthorized use or any other breach of security of your account or, if a Parent, of your child’s account, and (b) ensure that you properly log out from your account at the end of each session, and if a Parent, ensure that your child properly logs out from their account at the end of each session.
7. Additional Terms by User Type
These Terms contain general terms that apply to you as a User of the Service, along with additional terms that may apply to you as a User registered as a parent.
Parents: If you are a Parent of a child that is participating in the Service, then the following terms and limitations apply to you:
- Your Consent. If your child is under the age of 13, consent must be given in order for your child to use certain features of the Service. This consent may be obtained from you directly. Information collected from children (including personal information and information collected automatically) is never used or disclosed for third-party advertising. Additionally, personal information collected from children is never used for behaviorally-targeted advertising to children (first or third party). Lastly, children’s personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.
- Viewing and Accessing Your Child’s Artwork. As a Parent, if you have given consent and created an account, you can login to view all of your child’s artwork. This portfolio of Artwork would include all Artwork, both containing and not containing personal information. In addition, all artwork that does NOT contain personal information (as designated by the Parent) will also be available to anyone visiting the Service (“Public Website”). The Artwork that DOES contain personal information will not be displayed on the Public Website and will only be available to Parents when they are logged with a username and password. Additionally, please see the How Long Does Yunwenverse Media Keep Children’s Information section in the Privacy Policy for more information on data retention.
- Artwork and Other Submitted Content by Parents. If a Parent chooses to submit their child’s Artwork or other information to the Service, the following conditions and restrictions apply:
- You are solely responsible for reviewing all Artwork and other material prior to submission, (including deciding whether or not the Artwork contains personal or copyrighted information). You are also solely responsible for all submitted User Content (including for any personal information contained therein if not removed or masked by you) and for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in Section 4 (Your Information and Content). You further acknowledge that any content submitted is subject to any other disclaimers and rights of Yunwenverse Media with respect to the content contained in this Agreement, including, but not limited to Section 4.
- You acknowledge that if you ever wish to remove Artwork or other submitted content about your child, you can do so by either logging into your account and deleting the content or by contacting us as described in the Contacting Karunaverse section below.
- Artwork and Other Submitted Content by Children. If a Parent chooses to set up account access for their Child, the Child will be able to submit Artwork, their likeness, and other information to the Service (collectively “Child Submissions”). Child Submissions shall not be publicly posted on the Service until such postings are approved by Karunaverse. Approved Child Submissions shall be subject to the terms set forth in Section 7(iii) above as well as the “License” terms and conditions set forth in Section 4 herein.
8. Additional Terms for the Karunaverse Plus Related Services
In addition to any Services provided free of charge under this Agreement, users may obtain access to additional user-provided videos, Artwork, other user Content, and other content on the Service, collectively called “Karunaverse Plus Related Services”.
All subscription payments made for Karunaverse Plus Related Services, when applicable, are subject to our Karunaverse Payment Terms. In addition to the Payment Terms, the following terms and conditions and also apply to specific fee-for-use portions, services, or features of the Service, including User subscriptions to Karunaverse Plus Related Services.
Performance of Services
You agree to (i) cooperate with us in all matters relating to Karunaverse Plus Related Services; (ii) respond promptly to any of our requests to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for us to provide Karunaverse Plus Related Services in accordance with the requirements of this Agreement; (iii) provide such User information as we may request to provide Karunaverse Plus Related Services in a timely manner
Your Acts or Omissions
If our performance of our obligations under this Agreement is prevented or delayed by any act or omission of you or your agents, subcontractors, consultants, or employees, we shall not be deemed in breach of our obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay
9. Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Service. You should look at the Agreement regularly. We last modified this Agreement on the date stated above. We’ll post notice of modifications to this Agreement on this page or elsewhere on the Service and/or as required by law. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Service, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
10. Your Representations and Warranties
You represent and warrant that you (i) possess all rights necessary to provide your User Content and grant Yunwenverse Media the rights in this Agreement; and (ii) you will comply with the Laws in connection with your use of the Service.
11. Your Covenants and Promises
You covenant and promise that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property (including, without limitation, copyright, trademark, patent or trade secret) rights, rights of publicity or privacy, or other rights; (ii) violates any applicable national or international, federal, provincial or local law, statute, ordinance or regulation or which would render Yunwenverse Media in violation of any applicable laws or regulations, including without limitation FIPPA, EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), provincial student privacy laws and PIPPA (collectively the “Laws’); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contain viruses.
12. Acceptable Use and Conduct
We do our best to keep Karunaverse safe, but we cannot guarantee it. We need your help to keep Karunaverse safe, which includes the following commitments by you when using our Service:
- You will only use the Service as permitted by Law, including applicable export or re-export control laws and regulations.
- You will not copy, modify or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Content, the prior written consent of such User.
- You will not post any User Content or use the Service in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights, or contractual rights.
- You will not use the Service to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other Users without consent or for unlawful purposes in violation of any Law.
- You will not post, or otherwise transmit, any unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Service.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any Users’ content or information, or otherwise access the Service, – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”.
- You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
- You will not upload viruses or other malicious code, files or programs.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other Users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
- You will not access (or attempt to gain unauthorized access) to the Service or to Yunwenverse Media’’s computer systems by any means other than those permitted by this Agreement or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
- You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any User or use the Service in any manner that is threatening, abusive, violent, malicious, or harmful to any person or entity, or invasive of another’s privacy.
- You will not use this Service in any way to upload, post, transmit, email or otherwise distribute any material that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by Yunwenverse Media.
- You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory (including based on race, sex, color, religion, national origin, marital status or disability).
- You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violates child pornography laws or that otherwise violates any child sexual exploitation laws. Yunwenverse Media absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your User registration information, to law enforcement, including the Canadian Centre for Child Protection.
- You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Yunwenverse Media.
- You will not impersonate a Yunwenverse Media employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You will not facilitate or encourage any violations of this Agreement or our policies, including, without limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service. You also agree to immediately notify Yunwenverse Media the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
13. Experimental Features
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Karunaverse are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly without notice.
14. WARRANTY DISCLAIMER
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
YOUR USE OF THE SERVICE AND ANY PRODUCTS OR SERVICE OFFERED THROUGH THE SERVICE AND ANY USER CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, YUNWENVERSE MEDIA TECHNOLOGY OR USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YUNWENVERSE MEDIA AND ITS SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS (“COMPANY PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE YUNWENVERSE MEDIA TECHNOLOGY, SERVICES, PRODUCTS, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS AND USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YUNWENVERSE MEDIA AND THE COMPANY PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE, YUNWENVERSE MEDIA TECHNOLOGY, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YUNWENVERSE MEDIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
15. LIMITATION OF LIABILITY
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL YUNWENVERSE MEDIA OR COMPANY PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YUNWENVERSE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER CONTENT; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL YUNWENVERSE MEDIA OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO YUNWENVERSE MEDIA FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, YUNWENVERSE MEDIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Indemnity
You agree, to the extent permitted by your state’s laws, to indemnify, hold harmless, and defend Yunwenverse Media, and our successors, subsidiaries, affiliates, licensors, partners, co-branders, contractors, and subprocessors, and each of their respective employees, officers, directors, agents, successors and assigns from and against any and all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service; (ii) your breach or alleged breach of this Agreement, including but not limited to, any representations and warranties, covenants and promises, (iii) your violation of any applicable Laws including, but not limited to, any failure to obtain or provide, maintain, or restrict any necessary consent, including but not limited to User Content, where such obligations arise under the Laws; (iv) any infringement by you or any third party using your account of any intellectual property, privacy or other right of any person or entity, including, without limitation, in connection with your User Content; or (v) your breach or alleged breach of any interaction, agreement or policy between you and other Users.
Yunwenverse Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Yunwenverse Media. Yunwenverse Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Copyright Protection
It is Yunwenverse Media’s policy to respond to notices of alleged copyright infringement that comply with the Copyright Modernization Act (Bill C-11). For more information, please go to Government of Canada’s Copyright Modernization Act guidelines. Yunwenverse Media may remove any allegedly infringing content without any liability to you. Yunwenverse Media will promptly terminate without notice any User’s access to the Service where the User is repeatedly infringing other people’s intellectual property rights, including without limitation, copyright rights. Yunwenverse Media, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
18. Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). Certain Users may terminate their use of the Service or your account at any time by contacting us as described in the Contacting Karunaverse section below.
You acknowledge that, if you knowingly, intentionally or negligently violate this Agreement, Yunwenverse Media may suspend your license to the Services, in whole or in part, until the violation has stopped or terminate your license and use of the Services. In the event that you fail to correct the violation after reasonable notice from Yunwenverse Media, Yunwenverse Media may terminate your license and use of the Services and this Agreement. You agree and if such termination or suspension occurs, Yunwenverse Media shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.
The following does not apply in the unforeseen circumstances in which Yunwenverse Media ceases operations or files for bankruptcy at which point Yunwenverse Media may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you. We believe that you own your data and preserving access to such data is important. If we discontinue the Service (such as if we went out of business), where reasonably possible, we will give you advance notice and a chance to get information out of the Service. Please visit our Privacy Policy section Transparency and Your Rights for more information of how to take information out of Karunaverse.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
19. International Users
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-Users who interact with Karunaverse outside Canada:
- You agree to comply with all applicable local Laws in force in the jurisdiction in which you are located regarding the transmission of technical data exported from Canada or the country in which the User resides.
- You consent to the transfer of your personal information outside of your home jurisdiction, including to Canada, and to the storage or your personal information in Canada, for the purpose of hosting, using and processing the personal information in accordance with our Privacy Policy. You further acknowledge that these countries may not have the same data protection laws as the country from which you provided your personal information, and that Yunwenverse Media may be compelled to disclose your personal information to Canadian authorities. You have the right to withdraw your consent at any time by contacting us as described in the Contacting Karunaverse section below.
- You will not use Karunaverse if you are prohibited from receiving products, services, or software originating from Canada. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Control List maintained by Global Affairs Canada. Specifically, you agree that you shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Yunwenverse Media under this Agreement to any destination, entity, or person prohibited by the laws or regulations of Canada, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Yunwenverse Media from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
20. Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the provincial courts in B.C. and federal courts located in Ontario, and for all purposes of this Agreement, you and Yunwenverse Media consent to the exclusive jurisdiction and venue of such courts.
21. Miscellaneous
- Unless and solely to the extent that you have a separate written agreement with Yunwenverse Media that governs your use of the Service (in which case such agreement will control), this Agreement makes up the entire agreement between the parties regarding our Services, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
- This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties.
- If any portion of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the maximum extent necessary so that the remaining portions of the Agreement will remain in full force and effect and enforceable.
- If we fail to enforce any of this Agreement, it will not be considered a waiver of any further rights hereunder.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer, sublicense or assign any of your rights or obligations under this Agreement to anyone else without our consent.
- All of our rights and obligations under this Agreement, including the Agreement itself, are freely transferable or assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Statement does not confer any third-party beneficiary rights.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Karunaverse in any respect whatsoever.
- We reserve all rights not expressly granted to you.
- Yunwenverse Media shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Yunwenverse Media’s reasonable control.
22. Contacting Karunaverse
You may contact Karunaverse via:
E-Mail: