Terms of Service

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YouEmerge Terms of Service

Master Draft for KTYouEmerge.com

Effective Date: [To be established]

YouEmerge LLC

Part 1 — General Terms, Eligibility and Accounts

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your access to and use of YouEmerge.com and the websites, features, services, and marketplace functionality provided through YouEmerge by YouEmerge LLC (“YouEmerge,” “we,” “us,” or “our”).

By accessing or using YouEmerge, creating an account, purchasing through YouEmerge, subscribing to YouEmerge PRO, or using YouEmerge to offer content, products, or services for sale, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use YouEmerge.

These Terms incorporate by reference the YouEmerge Privacy Policy and Copyright Policy, as each may be updated from time to time.

2. Eligibility

You must be at least 13 years old to create an account or use YouEmerge as a registered Member.

If you are under the age of majority where you live, your use of YouEmerge may be subject to the consent or supervision of a parent or legal guardian where required by applicable law.

Eligibility to use YouEmerge does not automatically make a Member eligible to sell through YouEmerge.

To subscribe to YouEmerge PRO for the purpose of selling content, products, or services through YouEmerge, you must be at least 18 years old or the legal age of majority in your jurisdiction, as applicable, and legally capable of entering into binding contracts.

YouEmerge does not currently provide a parent or legal guardian program that allows minors to operate seller accounts on behalf of themselves.

3. Accounts

Certain features of YouEmerge require you to create an account.

When creating or maintaining an account, you agree to provide accurate and current information and to keep that information reasonably up to date.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not use another person’s account without authorization or allow another person to use your account in a manner that violates these Terms.

You must promptly notify YouEmerge if you become aware of unauthorized access to or use of your account.

4. Businesses and Organizations

You may use YouEmerge on behalf of a business, organization, or other legal entity only if you have authority to act on its behalf.

If you create or use an account on behalf of such an entity, you represent and warrant that you have authority to bind that entity to these Terms.

In that case, references in these Terms to “you” may include both you and the entity you represent, as applicable.

5. Member, Buyer, Seller and PRO Status

A “Member” is a registered user of YouEmerge.

A “Buyer” is a person who purchases content, a product, or a service through YouEmerge.

A “Seller” is an eligible Member who is authorized to offer content, products, or services for sale through YouEmerge.

A “PRO Member” is a Member with an active YouEmerge PRO subscription.

An active PRO membership may be required to access selling functionality. Additional requirements for Sellers, transactions, payments, fees, and payouts are described elsewhere in these Terms.

6. Content, Products and Services

For purposes of these Terms:

“Content” means material uploaded, posted, published, displayed, or otherwise made available through YouEmerge, including audio, video, artwork, writing, images, text, and other creative or digital material.

“Digital Content” means Content offered for purchase or delivery in digital form.

“Product” means a physical good offered for sale through YouEmerge.

“Service” means a service offered for purchase through YouEmerge.

“Transaction” means a purchase made through YouEmerge involving Digital Content, a Product, or a Service.

These definitions are intended to apply across YouEmerge and are not limited to any particular type of creator, profession, business, or creative medium.

7. Changes to These Terms

YouEmerge may modify these Terms from time to time as the platform, services, marketplace, or applicable legal requirements change.

When we make material changes, we will provide reasonable notice, which may include notice through YouEmerge, email, or another appropriate method.

The revised Terms will state their effective date.

Your continued use of YouEmerge after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Changes to these Terms will not retroactively alter the terms applicable to a dispute that arose before the revised Terms became effective, unless required by law or agreed by the parties.

Part 2 — Rules of Use and Member Conduct

8. General Rules of Use

You may use YouEmerge only for lawful purposes and in accordance with these Terms.

You are responsible for your conduct on YouEmerge and for activity conducted through your account, including Content, information, listings, communications, and other materials that you upload, post, publish, transmit, offer, sell, or otherwise make available through YouEmerge.

You may use YouEmerge for personal or commercial purposes where the applicable YouEmerge features permit such use. Commercial activity conducted through YouEmerge remains subject to these Terms and any additional requirements applicable to Sellers, PRO Members, Transactions, payments, fees, and marketplace activity.

You must comply with applicable local, state, federal, national, and international laws and regulations when using YouEmerge.

9. Prohibited Conduct

You may not, and may not assist or permit another person to, use YouEmerge to:

(a) engage in activity that is unlawful, fraudulent, deceptive, or materially misleading;

(b) upload, post, publish, distribute, offer, or sell anything that infringes or violates a copyright, trademark, patent, trade secret, right of publicity, privacy right, contractual right, or other legal right of another person or entity;

(d) impersonate another person or entity, misrepresent your identity or affiliation, or falsely represent that you are affiliated with, sponsored by, or endorsed by YouEmerge or another person or organization;

(e) threaten, harass, intimidate, stalk, exploit, or abuse another person;

(f) send or distribute unauthorized or unsolicited bulk communications, spam, phishing messages, deceptive solicitations, or other abusive communications;

(g) upload, transmit, distribute, or make available viruses, malware, malicious code, or other software, files, or technologies designed or intended to damage, disrupt, disable, interfere with, or obtain unauthorized access to any computer system, network, account, device, data, password, or other information;

(h) attempt to gain unauthorized access to YouEmerge, another Member’s account, or any computer system or network connected to YouEmerge;

(i) interfere with or attempt to interfere with the proper operation of YouEmerge or activity conducted through YouEmerge;

(j) impose or attempt to impose an unreasonable or disproportionately large load on YouEmerge’s infrastructure or the infrastructure of its service providers;

(k) bypass, defeat, disable, circumvent, or attempt to circumvent measures used by YouEmerge to control access, protect Content, restrict downloads, secure accounts, process Transactions, or protect the platform;

(l) use automated software, bots, scripts, crawlers, spiders, scraping technologies, or other automated means to access, collect, extract, copy, or manipulate information from YouEmerge except as expressly authorized by YouEmerge or permitted by applicable law;

(m) use bots, scripts, automated accounts, or other methods to artificially manipulate views, plays, followers, ratings, reviews, search results, purchases, Transactions, engagement, or other platform activity;

(n) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, or non-public technical information relating to YouEmerge, except to the limited extent such a restriction is prohibited by applicable law;

(o) modify, reproduce, copy, rent, lease, distribute, transfer, or create derivative works from YouEmerge’s proprietary software or technology except as expressly authorized by YouEmerge or permitted by applicable law;

(p) use YouEmerge to facilitate money laundering, payment fraud, identity theft, fraudulent Transactions, or other financial misconduct;

(q) fabricate or manipulate Transactions, purchases, sales, reviews, identities, listings, or other marketplace activity; or

(r) encourage, direct, assist, or enable another person to engage in conduct prohibited by these Terms.

10. Prohibited Content and Listings

You may not upload, post, publish, distribute, promote, offer, sell, or otherwise make available through YouEmerge any Content, Product, Service, listing, or other material that:

(a) is unlawful or whose offering, sale, possession, distribution, or use through YouEmerge would violate applicable law;

(b) infringes or misappropriates the intellectual-property, privacy, publicity, contractual, or other legal rights of another person or entity;

(d) contains or distributes malware or malicious code;

(e) sexually exploits or endangers minors or contains child sexual abuse material;

(f) facilitates human trafficking, sexual exploitation, or other unlawful exploitation;

(g) contains credible threats of unlawful violence or is intended to facilitate unlawful violent activity; or

(h) is otherwise prohibited under these Terms or any additional policy applicable to the particular YouEmerge feature being used.

YouEmerge may establish additional restrictions on particular categories of Content, Products, Services, or marketplace activity when reasonably necessary because of applicable law, payment-processor requirements, safety concerns, fraud prevention, platform security, or operational requirements.

11. Marketplace Integrity

Members using YouEmerge marketplace functionality must provide materially accurate information concerning the Content, Products, and Services they offer.

Sellers may not knowingly create false or materially misleading listings, misrepresent the nature, ownership, authenticity, condition, availability, or characteristics of an offering, falsely claim authorization to sell something, fabricate Transactions or reviews, or otherwise manipulate YouEmerge marketplace activity.

A Seller may sell through other websites, platforms, stores, or channels and may maintain independent relationships with customers.

However, a Seller may not use YouEmerge primarily to identify or solicit a Buyer and then deliberately redirect that Buyer away from YouEmerge for the purpose of avoiding fees or charges applicable to a Transaction initiated through YouEmerge.

Additional Seller responsibilities, payment requirements, fees, commissions, refunds, fulfillment obligations, and payouts are addressed elsewhere in these Terms.

12. Monitoring and Enforcement

YouEmerge is not obligated to monitor all Content, listings, communications, or Member activity and does not guarantee that all material made available through YouEmerge will comply with these Terms.

YouEmerge may investigate suspected violations of these Terms and may take reasonable action to protect YouEmerge, its Members, Buyers, Sellers, service providers, and others.

Such action may include removing, editing, disabling, or restricting access to Content or listings; restricting platform functionality; suspending selling privileges; limiting, suspending, or terminating an account; delaying or withholding Transactions or payouts where permitted by applicable law and applicable payment requirements; or taking other reasonable action appropriate to the circumstances.

YouEmerge may also preserve or disclose information and report conduct to law enforcement, regulators, payment processors, or other appropriate authorities when required by law or when YouEmerge reasonably believes doing so is necessary to address fraud, security threats, suspected unlawful activity, or violations of these Terms.

The nature and severity of a violation, whether violations are repeated, and the potential risk to YouEmerge or others may be considered when determining an appropriate response.

13. Buyer Information and Seller Use of Personal Information

When permitted by YouEmerge and applicable law, a Seller may receive certain information about a Buyer that is reasonably necessary to process, fulfill, deliver, support, or communicate about a Transaction.

A Seller may use Buyer personal information obtained through YouEmerge only for purposes reasonably related to the Transaction, for other purposes expressly authorized by the Buyer, or as otherwise permitted by applicable law.

Sellers are responsible for protecting Buyer personal information in their possession or control and for complying with applicable privacy, data-protection, marketing, and communications laws.

A Seller may not sell Buyer personal information obtained through YouEmerge or use such information for unrelated marketing, spam, harassment, profiling, or other purposes inconsistent with these Terms, the YouEmerge Privacy Policy, or applicable law.

If a Seller independently establishes a relationship with a Buyer outside a particular Transaction, the Seller remains responsible for obtaining any consent required by applicable law before using the Buyer’s personal information for marketing or other purposes beyond the Transaction.

YouEmerge may limit the Buyer information provided to Sellers and may modify the information available to Sellers when reasonably necessary for privacy, security, fraud prevention, legal compliance, or operation of the platform.

Additional information concerning YouEmerge’s collection, use, disclosure, and protection of personal information is provided in the YouEmerge Privacy Policy.

Part 3 — Content, Ownership and Licenses

14. Your Content

YouEmerge allows Members to upload, post, publish, display, offer, sell, distribute, or otherwise make available Content through the platform.

As between you and YouEmerge, you retain ownership of the Content you own and make available through YouEmerge.

Uploading, publishing, displaying, or offering Content through YouEmerge does not transfer ownership of that Content to YouEmerge LLC.

You remain responsible for your Content and for ensuring that you have all rights, permissions, licenses, and authorizations necessary to make the Content available through YouEmerge and to grant the rights described in these Terms.

15. License You Grant to YouEmerge

By uploading, posting, publishing, displaying, offering, or otherwise making Content available through YouEmerge, you grant YouEmerge a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, perform, distribute, format, transcode, resize, and otherwise use that Content solely as reasonably necessary to operate, maintain, secure, and improve YouEmerge; display and make your Content available through the features and settings you choose; create technically necessary versions, previews, thumbnails, excerpts, or other formats; enable permitted access; process and fulfill purchases and deliver Digital Content; provide replacement or repeat downloads where supported; maintain backups, prevent fraud, protect platform integrity, comply with legal obligations; and identify, display, and promote the availability of your Content or profile in connection with YouEmerge.

This license includes the limited right for YouEmerge to use service providers, hosting providers, payment providers, content-delivery providers, and other contractors as reasonably necessary to provide the applicable YouEmerge services.

YouEmerge does not receive the right under this Section to sell your Content independently of you, license your Content as a standalone work to an unrelated third party, or use your Content to create unrelated commercial products, except with your separate permission.

16. Duration of the License

The license granted under Section 15 continues for as long as your Content remains available through YouEmerge and for a reasonable period afterward when necessary for backups, technical operations, legal compliance, dispute resolution, fraud prevention, or enforcement.

Removal generally ends YouEmerge’s license to publicly display or offer the Content prospectively, subject to these Terms. Removal does not require YouEmerge to undo authorized prior uses. Rights necessary to complete prior Transactions, provide authorized downloads, maintain records, resolve disputes, or comply with law may continue.

17. Your Rights and Permissions

By making Content available through YouEmerge, you represent and warrant that you own the Content or possess sufficient rights and authorization; have authority to grant the required licenses; YouEmerge’s authorized use will not knowingly require undisclosed third-party permission or payments; the Content and authorized use do not infringe another person’s legal rights; and you have obtained required permissions for names, images, likenesses, performances, works, or other protected material included in the Content.

You are responsible for royalties, license fees, residuals, union or guild payments, performing-rights obligations, or other third-party amounts arising from your Content, except to the extent YouEmerge expressly agrees otherwise in writing.

18. Content Purchased by Buyers

Purchasing Digital Content does not transfer copyright or other intellectual-property ownership to the Buyer unless the Seller expressly states otherwise.

Unless different license terms are expressly provided, a purchase grants the Buyer a non-exclusive, non-transferable right to download, access, and use the purchased Digital Content for the Buyer’s personal, lawful use.

A Buyer may not reproduce, redistribute, resell, sublicense, publicly distribute, commercially exploit, or make purchased Digital Content available to others except as authorized by the rights holder or permitted by law. Different or additional license terms may apply when expressly offered.

19. Public Content and Platform Features

Content designated as public may be viewed by Members and visitors according to available features and settings. Public availability does not transfer ownership or grant others rights beyond permissions provided through YouEmerge or applicable law.

20. YouEmerge Content and Intellectual Property

YouEmerge and its licensors retain all rights in the platform and YouEmerge-owned Content, including software, technology, design, interfaces, graphics, logos, trademarks, service marks, and proprietary materials. Except for rights expressly granted, these Terms do not grant ownership or a license to YouEmerge intellectual property.

21. Copyright and Other Rights Complaints

YouEmerge respects intellectual-property rights and may remove or restrict Content upon a valid infringement notice, legal requirement, or determination that Content violates these Terms. Procedures for copyright notices, responses, and repeat infringement are described in the YouEmerge Copyright Policy.

Part 4 — PRO Membership, Transactions, Fees and Payments

22. YouEmerge PRO

YouEmerge may offer paid subscription plans, including YouEmerge PRO, that provide additional features. Certain selling functionality may require an active PRO subscription and satisfaction of Seller eligibility requirements. The price, billing period, included features, and material terms will be disclosed when you subscribe. Unless otherwise stated, subscriptions automatically renew until canceled. Cancellation generally prevents future renewal charges but does not ordinarily refund the current billing period except where required by law or stated otherwise.

23. Seller Eligibility and Payment Requirements

Access to selling functionality is not guaranteed solely because a Member has a PRO subscription. Sellers may be required to satisfy eligibility, identity, payment, tax, verification, and payment-provider requirements.

24. Prices and Listings

Where permitted, Sellers are responsible for setting accurate prices subject to disclosed platform requirements. Before checkout, YouEmerge will display the amount the Buyer is required to pay, including applicable charges required to be disclosed.

25. YouEmerge Fees and Charges

YouEmerge may charge subscription fees, transaction fees, service charges, commissions, or other fees. Applicable fees will be disclosed before they become applicable. Changes apply prospectively. Sellers authorize deduction of applicable fees from Seller proceeds where appropriate.

26. Payment Processing

Payments may be processed by third-party payment providers and may be subject to their terms, verification requirements, prohibited-business rules, and policies. By participating in a Transaction, you authorize processing of charges, refunds, reversals, adjustments, fees, commissions, payouts, and related payment activity.

27. Seller Proceeds and Payouts

Seller proceeds may be reduced by applicable YouEmerge fees or commissions, processing amounts, refunds, chargebacks, reversals, adjustments, taxes or withholding, and other authorized amounts. The applicable payout percentage, commission arrangement, or method will be disclosed through YouEmerge or applicable Seller terms. YouEmerge may delay or withhold payouts for legitimate payment, fraud, dispute, legal, or provider reasons, subject to law.

28. Taxes

Sellers are responsible for determining and satisfying taxes, duties, reporting obligations, permits, registrations, and other governmental requirements arising from their sales or business activities, except obligations expressly imposed on YouEmerge or a payment provider by law.

29. Digital Content Transactions

Access or download rights may be provided after successful payment according to YouEmerge functionality and the applicable listing. Sellers must not intentionally prevent delivery of validly purchased Digital Content except for legitimate reasons recognized by these Terms or law. Refund and cancellation rights may differ for immediately delivered Digital Content, subject to applicable law.

30. Physical Products and Services

YouEmerge may permit Sellers to offer physical Products and Services. Unless expressly stated otherwise, the Seller—not YouEmerge—is responsible for description, availability, legality, quality, performance, fulfillment, delivery, shipping, and other obligations. Sellers manage their own inventory and fulfillment; YouEmerge does not provide inventory-management or warehousing services unless expressly agreed.

31. Refunds, Reversals and Chargebacks

Transactions may be subject to refunds, reversals, chargebacks, disputes, or adjustments. Sellers are responsible for applicable amounts to the extent provided by these Terms, Seller policies, provider requirements, or law. YouEmerge may deduct such amounts from pending or future proceeds where permitted.

32. Payment Errors and Unauthorized Transactions

Members should promptly report unauthorized Transactions, incorrect charges, payout errors, or other payment problems. YouEmerge may correct processing errors, duplicate transactions, incorrect payouts, or other mistakes where permitted by law.

33. Changes to Marketplace and Payment Features

YouEmerge may add, modify, suspend, or discontinue marketplace, subscription, payment, or payout features as the platform develops or as required by providers, law, security, or operational needs.

Part 5 — Seller Responsibilities and Marketplace Transactions

34. Relationship Between Buyers, Sellers and YouEmerge

YouEmerge provides technology and marketplace functionality enabling eligible Sellers to offer Content, Products, and Services. Unless YouEmerge expressly identifies itself as the seller, the identified Seller is the seller and the Transaction is between Buyer and Seller. Hosting listings, facilitating payment, delivering Digital Content, or supporting a Transaction does not make YouEmerge the creator, manufacturer, owner, supplier, or provider of the Seller’s offering.

35. Seller Responsibility for Listings

Sellers are responsible for accurate and complete listings and must provide material information reasonably necessary for a Buyer to understand the offer. Sellers may not materially misrepresent the offering, ownership or authority, price, availability, delivery, restrictions, or other material facts.

36. Seller Authority and Legal Compliance

Sellers may offer only Content, Products, and Services they have the legal right and authority to offer and are responsible for applicable laws, regulations, licensing, professional requirements, permits, registrations, labeling, safety, and other obligations.

37. Physical Product Fulfillment

Sellers of physical Products are responsible for inventory, availability, packaging, shipping, delivery, and fulfillment. Unless expressly stated otherwise, YouEmerge does not take possession of, warehouse, inspect, package, ship, or deliver Seller Products.

38. Services Offered by Sellers

Sellers offering Services are responsible for accurate descriptions, lawful and professional performance, and maintaining any required licenses, certifications, insurance, authorization, or qualifications. Listing a Service does not constitute YouEmerge endorsement or verification unless expressly stated.

39. Communications and Transaction Support

Buyers and Sellers may communicate through available functionality or appropriately provided contact information. Transaction communications must be lawful and may not be used for harassment, fraud, spam, phishing, unauthorized marketing, or fee circumvention.

40. Buyer Responsibilities

Buyers are responsible for reviewing listings and material terms, providing accurate payment and delivery information, and refraining from fraudulent purchases, unauthorized payment methods, refund or chargeback abuse, false non-delivery claims, or other Transaction manipulation.

41. Problems With a Transaction

Buyers and Sellers should make reasonable efforts to resolve Transaction problems consistent with the listing, these Terms, applicable policies, and law. YouEmerge may provide tools or support but is not required to resolve every Buyer-Seller dispute.

42. Returns, Cancellations and Seller Policies

Where applicable, Sellers are responsible for clearly communicating material return, cancellation, exchange, shipping, delivery, and Service policies. Seller policies must comply with these Terms and law and may not eliminate non-waivable Buyer rights.

43. Product and Service Risk

Except where expressly stated otherwise, YouEmerge does not manufacture, inspect, test, warrant, or guarantee Seller Products and does not independently guarantee the quality, safety, legality, suitability, or performance of Seller Services.

44. No Employment, Agency or Partnership

A Seller’s use of YouEmerge does not by itself create an employment, partnership, joint venture, franchise, fiduciary, or agency relationship with YouEmerge. Sellers operate independently and are responsible for their own business activities, personnel, expenses, licenses, taxes, insurance, and legal obligations.

Part 6 — Account Suspension, Termination and Effect of Termination

45. Closing Your Account

You may stop using YouEmerge at any time and request account closure. Closure does not eliminate obligations arising from prior Transactions, subscriptions, fees, refunds, chargebacks, disputes, taxes, payouts, or other activity.

46. Suspension or Restriction by YouEmerge

YouEmerge may restrict, suspend, or disable functionality when reasonably necessary because of material Terms violations, suspected fraud or payment abuse, security threats, unlawful activity, provider or governmental requirements, failed eligibility or verification, nonpayment, or material legal, financial, security, safety, or operational risk.

47. Termination by YouEmerge

YouEmerge may terminate an account for material or repeated violations, unlawful activity, fraud, serious marketplace misconduct, significant security or safety concerns, nonpayment, abuse, or other material risk. Where appropriate, notice or an opportunity to correct may be provided; immediate action may be taken where reasonably necessary.

48. Effect on Content and Listings

Upon closure or termination, YouEmerge may remove or disable profiles, listings, and Content from public availability. Retention may continue where reasonably necessary for backups, transactions, legal compliance, fraud prevention, dispute resolution, enforcement, accounting, or technical operations.

49. Effect on PRO Membership

Closing or terminating an account ends associated PRO functionality. PRO status may also end because of cancellation, expiration, payment failure, or loss of Seller eligibility. Suspension or termination for Terms violations does not ordinarily entitle the Member to a refund except where required by law or stated otherwise.

50. Pending Transactions and Seller Obligations

Suspension, termination, or closure does not automatically cancel a prior completed Transaction. Sellers remain responsible for outstanding fulfillment, delivery, refund, return, chargeback, warranty, Service, and other obligations.

51. Seller Proceeds After Suspension or Termination

Suspension or termination does not by itself cause forfeiture of legitimate Seller proceeds. YouEmerge may delay, withhold, offset, or adjust amounts for refunds, chargebacks, reversals, disputes, fraud investigations, amounts owed, provider requirements, or law.

52. Buyer Access to Previously Purchased Digital Content

Seller termination or removal does not automatically revoke a Buyer’s license to validly purchased Digital Content. Where YouEmerge still possesses the file and its systems support access, it may continue authorized access or downloads. YouEmerge does not guarantee perpetual hosting, storage, or availability.

53. Appeals and Requests for Review

YouEmerge may provide a process to request review of certain restrictions, suspensions, removals, or terminations. Restrictions may remain in place during review where reasonably necessary.

54. Provisions That Survive

Termination, suspension, or closure does not affect provisions that by their nature should continue, including ownership, prior-Transaction licenses, payment obligations, Seller responsibilities, refunds, chargebacks, taxes, intellectual-property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and accrued rights and obligations.

Part 7 — Third-Party Services and External Resources

55. Third-Party Services

YouEmerge may use or integrate third-party services, technology, software, infrastructure, or functionality, including payment processing, hosting, content delivery, communications, analytics, security, and authentication. Third-party functionality may be subject to additional terms and policies.

56. Payment Providers

Transactions, subscriptions, Seller payouts, refunds, and other financial activity may depend on third-party payment providers. Members may be required to maintain eligible relationships and comply with provider terms, verification requirements, prohibited-business rules, and policies.

57. Links to Third-Party Websites and Resources

YouEmerge may contain links to third-party websites, applications, products, services, Content, or resources. A link does not by itself constitute endorsement, sponsorship, approval, or verification.

58. Member Links and External Offers

Members may be permitted to include external links and are responsible for them. External links may not facilitate fraud, malware, unlawful activity, infringement, deceptive practices, or other prohibited conduct, and do not override fee-circumvention rules.

59. Changes in Third-Party Services

YouEmerge may replace, add, remove, or modify third-party integrations for operational, technical, security, legal, financial, or business reasons.

Part 8 — Disclaimers and Limitation of Liability

60. Platform Provided “As Is” and “As Available”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUEMERGE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUEMERGE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

YOUEMERGE DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL ALWAYS BE CORRECTED; THAT THE PLATFORM OR CONTENT WILL BE FREE OF HARMFUL COMPONENTS; THAT INFORMATION WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; OR THAT USE WILL MEET PARTICULAR REQUIREMENTS OR PRODUCE PARTICULAR RESULTS.

61. Member Content and Conduct

Except where expressly stated otherwise, YouEmerge does not create, control, endorse, verify, or guarantee Member Content, listings, representations, qualifications, identities, opinions, Products, or Services. Members are responsible for exercising reasonable judgment when interacting or transacting with others.

62. Marketplace Transactions

Unless YouEmerge expressly identifies itself as the Seller, YouEmerge is not the Seller, manufacturer, creator, supplier, or provider of independent Seller offerings and does not guarantee their quality, safety, legality, authenticity, availability, condition, suitability, delivery, or performance.

63. Availability of Content and Purchased Digital Content

YouEmerge does not guarantee that Content will remain available indefinitely or guarantee perpetual hosting, storage, redownload, streaming, or access to purchased Digital Content. Where downloads are permitted, Buyers are encouraged to maintain lawful copies.

64. Service Interruptions and Technical Problems

To the fullest extent permitted by law, YouEmerge is not liable for failure or delay resulting from events beyond its reasonable control, including network, hosting, payment-system, utility, Internet, governmental, natural-disaster, labor, cyberattack, or similar events.

65. Limitation of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUEMERGE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUEMERGE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

66. Maximum Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF YOUEMERGE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF YOUEMERGE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID DIRECTLY TO YOUEMERGE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

67. Buyer and Seller Disputes

To the fullest extent permitted by law, YouEmerge is not liable for claims or damages arising solely from a dispute between a Buyer and independent Seller concerning the Seller’s Content, Product, Service, representations, fulfillment, delivery, or performance.

68. Essential Basis of the Agreement

The disclaimers and limitations in this Part are an essential basis of the agreement and apply to the fullest extent permitted by law. If a particular exclusion or limitation is not permitted, it applies only to the maximum extent permitted without affecting the remaining provisions.

Part 9 — Indemnification

69. Member Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless YouEmerge LLC and its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, successors, and assigns from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees and expenses arising out of or relating to your Content, material violation of these Terms or applicable policies, infringement or violation of another person’s legal rights, unlawful or materially wrongful use, authorized account activity, or material breach of a representation or warranty.

70. Additional Seller Indemnification

If you act as a Seller, you also agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the parties identified in Section 69 from third-party claims arising from your Content, Products, Services, rights or licensing failures, intellectual-property or royalty obligations, Product manufacture/safety/fulfillment, Service performance, misuse of Buyer information, taxes or business obligations attributable to you, applicable refunds or chargebacks, and representations or commitments you make to Buyers.

71. Intellectual-Property and Royalty Claims

A Member making Content available is responsible for third-party ownership or rights claims arising from failure to obtain required rights, licenses, permissions, or authorizations, including copyrights, trademarks, publicity rights, musical compositions, sound recordings, performances, synchronization, mechanical and performance rights, publishing rights, royalties, residuals, union or guild obligations, and similar rights.

72. Indemnification Procedure

YouEmerge will provide reasonable notice of an indemnified claim when practicable and may assume control of the defense and settlement when reasonably necessary to protect its interests. You agree to provide reasonable cooperation. You may participate with your own counsel at your expense. You may not settle in a manner that admits wrongdoing by, imposes obligations on, or restricts YouEmerge without prior written consent.

73. Limitations Required by Law

The indemnification obligations in this Part apply only to the fullest extent permitted by applicable law and do not require a Member to indemnify YouEmerge for liability that law prohibits YouEmerge from transferring.

Part 10 — Dispute Resolution, Arbitration and Governing Law

74. Please Read This Part Carefully

PLEASE READ THIS PART CAREFULLY. Except for disputes qualifying for an exception below, you and YouEmerge LLC agree that disputes arising out of or relating to these Terms or YouEmerge will be resolved through binding individual arbitration rather than a lawsuit in court. Arbitration does not involve a judge or jury, and judicial review is limited.

75. Informal Resolution

Before commencing arbitration, the asserting party should provide written notice describing the dispute and requested relief and allow at least thirty (30) days for informal resolution.

76. Agreement to Arbitrate

Except as otherwise provided, disputes arising out of or relating to these Terms, use of YouEmerge, an account, a Transaction, or the relationship with YouEmerge LLC will be resolved by final and binding arbitration administered by JAMS under applicable rules in effect when commenced, before one neutral arbitrator.

77. Location and Method of Arbitration

The legal seat of arbitration will be Clark County, Nevada, unless applicable law requires otherwise or the parties agree otherwise. Where permitted, proceedings may be conducted by telephone, video conference, written submissions, or another remote method.

78. Arbitration Fees

Filing, administrative, and arbitrator fees will be governed by applicable JAMS rules and law. Each party will ordinarily bear its own attorneys’ fees and expenses unless law, rules, another provision, or the arbitrator permits an award.

79. Exceptions to Arbitration

Either party may bring an individual qualifying small-claims action; seek appropriate temporary or injunctive relief for intellectual-property, unauthorized-access, fraud, security, or similar urgent harm; report unlawful conduct to authorities; or pursue another remedy that applicable law makes non-arbitrable.

80. Individual Proceedings and Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND YOUEMERGE AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

81. Governing Law

These Terms and related disputes will be governed by the laws of the State of Nevada and applicable federal law, without regard to Nevada conflict-of-law principles. This choice does not deprive consumers of mandatory protections that cannot lawfully be waived.

82. Court Proceedings and Venue

For disputes not subject to arbitration, except where law requires otherwise, you and YouEmerge consent to state and federal courts having jurisdiction in Clark County, Nevada, including appropriate proceedings concerning arbitration enforcement or awards.

83. Time Limit for Claims

To the extent permitted by law, a claim arising out of or relating to these Terms or YouEmerge must be commenced within one (1) year after the claim accrued. Non-waivable statutory limitation periods remain applicable.

84. Changes to Arbitration Provisions

Material changes to this Part apply prospectively to disputes arising after the revised provision becomes effective, to the extent permitted by law, and do not retroactively alter dispute terms governing an existing dispute unless agreed or required by law.

85. Survival

This Part survives closure, suspension, or termination of an account and termination of these Terms to the extent necessary to resolve disputes arising from the parties’ relationship.

Part 11 — General Provisions

86. Entire Agreement

These Terms, together with the YouEmerge Privacy Policy, Copyright Policy, and additional terms or policies expressly incorporated, constitute the agreement between you and YouEmerge LLC concerning your use of YouEmerge and supersede prior or contemporaneous agreements concerning the same subject matter, except a separate written agreement expressly stating otherwise.

87. Additional Terms and Policies

Certain features, services, subscriptions, marketplace activities, or programs may be subject to additional terms or policies. If additional terms expressly conflict with these Terms, the additional terms control for the applicable feature, service, or activity.

88. Severability

If a provision is unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted or limited/severed to the minimum extent required, and remaining provisions remain in effect.

89. No Waiver

A failure or delay to exercise or enforce a right or provision does not waive that right or provision.

90. Assignment

You may not assign or transfer your account or rights or obligations without YouEmerge’s prior written consent except where law provides otherwise. YouEmerge may assign or transfer these Terms or its rights and obligations in connection with a merger, acquisition, reorganization, financing, asset sale, transfer of the YouEmerge business or platform, or similar transaction, and may assign particular rights or obligations to affiliates or service providers as reasonably necessary.

91. No Agency, Partnership or Fiduciary Relationship

Except where expressly agreed in writing, these Terms do not create an agency, partnership, joint venture, franchise, fiduciary, employment, or similar relationship.

92. Events Beyond Reasonable Control

YouEmerge will not be responsible for failure or delay to the extent caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, governmental action, labor disruption, utility or communications interruption, widespread Internet or hosting failures, payment-network failures, cyberattacks, or similar events.

93. Electronic Communications

By using YouEmerge or providing contact information, you agree that YouEmerge may provide agreements, disclosures, Transaction information, account communications, notices, and other legally permitted communications electronically, including through YouEmerge or by email.

94. Notices

YouEmerge may provide notices through the platform, by email to the address associated with your account, or another reasonable electronic method. Notices concerning legal disputes, intellectual-property matters, or matters with specified procedures must use those procedures.

95. No Third-Party Beneficiaries

Except where expressly provided otherwise, these Terms are intended for the benefit of you and YouEmerge and do not create contractual rights enforceable by unrelated third parties.

96. Headings and Interpretation

Section and Part titles are for convenience and do not limit meaning. “Including” and “includes” are illustrative and not limiting. References to applicable law include applicable statutes, regulations, rules, and legally binding governmental requirements, as amended.

97. Records and Electronic Copies

Electronic records and copies of these Terms, notices, Transaction records, account records, and communications may be used as evidence to the extent permitted by law, and electronic form has the same effect as a printed copy to the extent permitted.

98. Survival

Any provision intended by its nature to continue after termination or account closure survives, including applicable ownership, prior-Transaction licenses, payments, Seller obligations, taxes, intellectual-property rights, indemnification, disclaimers, liability limitations, dispute resolution, and accrued rights and obligations.

Part 12 — Contact Information

99. Contacting YouEmerge

Questions concerning these Terms or YouEmerge may be directed to:

YouEmerge LLC
Email: emerge@YouEmerge.com

Notices concerning alleged copyright infringement should be submitted according to the YouEmerge Copyright Policy. Privacy-related inquiries and requests should be submitted according to the YouEmerge Privacy Policy. YouEmerge may update its contact information from time to time by updating these Terms or the applicable policy or contact page.