Terms of Service

YOUMAKER TERMS OF SERVICE AGREEMENT

Introduction

Thank you for using the Youmaker platform and the products, services and features we provide to you as part of our platform.

These Terms of Service set forth the agreement (“Agreement”) between you and Youmaker Corporation. (“Youmaker” “we”, ”us” or “our”). It governs your use of the Service we offer through our websites and applications. Please read this agreement carefully and make sure you understand it, because, by using our service, you consent to these Terms of Service. If you do not understand the Agreement or do not accept any part of it, you may not access or use the Service for any purpose.

NOTICE: SECTION 12 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT FOR CERTAIN PRIVACY CLAIMS THAT YOU OR YOUMAKER COULD ASSERT. BY USING OUR SERVICE AND ACCEPTING THIS AGREEMENT, YOU (1) AGREE TO BINDING ARBITRATION OF THESE CLAIMS BEFORE A NEUTRAL ARBITRATOR; AND (2) WAIVE YOUR RIGHTS TO GO TO COURT, HAVE A JURY HEAR YOUR CASE, OR PARTICIPATE AS PART OF A CLASS OF PLAINTIFFS WITH RESPECT TO SUCH CLAIMS.
 

1. ACCEPTANCE

By accessing or using the Service, you accept this Agreement and any posted guidelines and rules applicable to such Service, which may be posted and updated from time to time on the www.Youmaker.com website and consent to contract with us electronically. All such guidelines and rules are incorporated by reference into this Agreement. You also agree to view the content used in connection with the Service, which may include but is not limited to, videos, audio, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Youmaker or a third-party (collectively, “Content”). If you are an entity other than a natural person, the person who registers the account or otherwise uses our Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. We reserve the right, at our discretion, to update or revise the Agreement periodically for changes. By continuing to use our Service, you accept any revised Agreement.
 

2. OUR SERVICE

Our websites and applications offer a place for people to connect with the world, and enrich their lives by watching and sharing videos and other content. This Agreement governs your use of Youmaker owned-and-operated websites, applications, and embeddable video players (collectively, the “Service”), which subject to the terms hereof, may include the right to:
  • Stream videos that you have the right to view;
  • Upload, store, and/or livestream videos, subject to your plan;
  • Embed our embeddable video player on third-party websites; and
  • Use all related functionality that we may provide.

3. REGISTRATION

Registration is not required to view most Content. However, you are required to register if you wish to post a comment or upload a video or view certain Content. To register you will need to create an account with Youmaker and select a password and screen name (“Youmaker User ID”). You must provide Youmaker with accurate, complete, and updated registration information. Failure to do so will be a breach of this Agreement, and may result in immediate termination of your Youmaker account. You may not (i) select or use as a Youmaker User ID a name of another person with the intent to impersonate that person; (ii) use as a Youmaker User ID a name subject to any rights of a person and/or entity other than you without appropriate authorization; or (iii) use as a Youmaker User ID a name that is otherwise offensive, vulgar or obscene. Youmaker reserves the right to refuse registration of, or cancel, a Youmaker User ID in its sole discretion. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Youmaker immediately of any breach of security or unauthorized use of your account. Although Youmaker will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Youmaker or others due to such unauthorized use. All registration information provided by you shall be subject to Youmaker’s Privacy Policy. By creating an account, you agree to receive notices from Youmaker at the email address you provide.
 

4. AGE ELIGIBILITY

You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Service. If you wish to use the Service for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Service only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding. If you are a parent or legal guardian of a user under the applicable age of majority in your jurisdiction, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access. You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
 

5. ACCEPTABLE USE POLICY

You must ensure that your Content, and your conduct, comply with the Acceptable Use Policy set forth in this Section 5, including but not limited to, agreeing not to use the Service for any unlawful purpose. Youmaker may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Youmaker may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy. Youmaker is under no obligation to host or post Content. If you see any Content you believe does not comply with this Agreement, including by violating the Agreement or the law, please report it to us at service@youmaker.com.
 

Copyright Policy

You may only upload Content that you have the right to upload and share. Copyright owners may send Youmaker a takedown notice as stated in our Copyright Policy if they believe Youmaker is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
 

Content Restrictions

You may not submit any Content that:
  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit or promotes a sexual service;
  • Is defamatory;
  • Is threatening, harassing, or abusive;
  • Contains hateful or discriminatory speech;
  • Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  • Depicts or encourages self-harm or suicide;
  • Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices; or
  • Violates any applicable law.
  • Violates our rules or policies.

Code of Conduct

In using our Service, you may not:
  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others;
  • Access another’s account without permission;
  • Use or export any of our services in violation of any U.S. export control laws;
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain content prohibited by Section 5.
  • Cause or encourage others to do any of the above.

Prohibited Technical Measures

You will not:
  • Except as authorized by law or as permitted by us: redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers;
  • Take any other actions to manipulate, interfere with, or damage our Service;
  • Knowingly solicit or collect personal information from a child 12 years old or younger;
  • Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or any Content except (a) as expressly authorized by the Service; or (b) with prior written permission from Youmaker and, if applicable, the respective rights holders;
  • Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  • Access the Service using any automated means (such as robots, botnets or scrapers) except with Youmaker’s prior written permission;
  • Collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;
  • Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  • Cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
  • Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country, or (b) listed on any U.S. Government list of restricted parties.
 

Right to Monetize

You grant to Youmaker the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from Youmaker under any other agreement between you and Youmaker will be treated as royalties. If required by law, Youmaker will withhold taxes from such payments.
 

Accessibility and Ratings

If required by applicable law, you must provide closed captioning in your videos.

We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately
 

6. LICENSES

License To Youmaker

By providing Content to the Service, you grant to Youmaker a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Youmaker (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.

You grant to Youmaker the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.

By submitting a video, you grant Youmaker certain permissions, including but not limited to:
  • Stream the video to end-users;
  • Embed the video on third-party websites;
  • Distribute the video via our APIs;
  • Transcode the video (create compressed versions of your video file that are optimized for streaming); and
  • Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
You grant Youmaker permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Youmaker shall have the right to identify public profiles in its marketing and investor materials.

For Content that is not video or account information, you grant Youmaker a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such Content through online means in connection with our Service. If you make suggestions to Youmaker on improving our products or services, Youmaker may use your suggestions without any compensation to you.

By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Youmaker; rather, any breach of a term by Youmaker hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
 

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
 

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Youmaker may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.
 

7. YOUR OBLIGATIONS

Representations and Warranties

You specifically represent and warrant that (i) you either own fully and outright the Content or have obtained all rights, approvals, licenses, consents and permissions as are necessary, and are authorized to grant the licenses granted by you under this Agreement, to make the representations and warranties made herein, and to perform your obligations hereunder; (ii) your Content and the distribution and/or publication of your Content through the Service, directly or indirectly, does not, and shall not, infringe or misappropriate any copyright, trademark, privacy right, name and likeness right or any other rights of any third party; (iii) you have obtained all necessary consents (including with respect to name and likeness), secured all licenses and paid all associated fees required to be paid to third parties (including for the use of any music performed in, contained in or synchronized with any of the Content) (“Third Party Fees”) with respect to the Content and you covenant to timely pay any and all Third Party Fees required to be paid in the future. You further expressly agree that, as between you, on the one hand, and Youmaker and its affiliates, subsidiaries and distribution partners on the other hand, any obligation to secure any third party rights and to pay Third Party Fees as a result of distribution of your Content pursuant to this Agreement shall be your obligation and not the obligation of Youmaker or any of its affiliates, subsidiaries or partners.
 

Indemnification

You agree to defend, indemnify and hold harmless Youmaker and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Youmaker Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including any breach of any representation, warranty, covenant or agreement made by you herein; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any Content you uploaded or published on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Youmaker Indemnitees. Youmaker shall have the right, in its sole discretion, to select its own legal counsel to defend the Youmaker Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by the Youmaker Indemnitees in connection therewith. You shall notify Youmaker immediately if you become aware of any actual or potential Claims, suits, actions, allegations or charges that could affect your or Youmaker’s ability to fully perform its respective duties or to exercise its respective rights under this Agreement. You shall not, without the prior express written approval of Youmaker, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Youmaker Indemnitee. This defense and indemnification obligation will survive this Agreement and your use of the Service.
 

8. TERM AND TERMINATION

This Agreement begins when you first use our Service and continues so long as you use our Service or have an account with us, whichever is longer.

We will notify you of the reason for termination by Youmaker unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Youmaker or our affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third parties, Youmaker or our affiliates.

If you breach this Agreement, Youmaker may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any Content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Youmaker deletes your account for breach, you may not re-register.

You acknowledge and agree that Youmaker shall not be liable to you or any third party for any termination or suspension of your access to the Service.
 

9. DISCLAIMERS

THE YOUMAKER SERVICE, YOUMAKER CONTENT AND MARKS ARE PROVIDED BY YOUMAKER “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOUMAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SERVICE OR CONTENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOUMAKER DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY SERVICES AVAILABLE VIA THE SERVICE OR OTHERWISE. YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. YOUMAKER MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS, IF AVAILABLE. YOUMAKER MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND YOUMAKER SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO CONTENT WITHOUT YOUR AND/OR YOUMAKER’S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, YOUMAKER DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND YOUMAKER WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO. YOUMAKER MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR SERVICE, OR ANY PART THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, UNINTERRUPTED OR ERROR-FREE, COMPLETELY SECURE, OR ACCESSIBLE FROM ALL DEVICES OR BROWSERS, THAT WE WILL HOST, MAKE AVAILABLE, OR REMOVE ANY SPECIFIC PIECE OF CONTENT, THAT ANY GEO-FILTERING OR DIGITAL RIGHTS MANAGEMENT SOLUTION THAT WE MIGHT OFFER WILL BE EFFECTIVE, THAT WE COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), THE GRAMM-LEACH-BLILEY ACT (GLBA), OR ANY OTHER INDUSTRY-SPECIFIC PRIVACY OBLIGATIONS, THE SERVICE OR ITS ACCURACY, RELIABILITY, OR AVAILABILITY, THAT THE SERVICE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS, THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OR MAINTAIN BACKWARDS COMPATIBILITY WITH ANY THIRD-PARTY SOFTWARE OR DEVICE, OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
 

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL YOUMAKER OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, THE CONTENT, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF YOUMAKER OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUMAKER ASSUMES NO LIABILITY FOR: THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT, ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE YOUMAKER SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE YOUMAKER SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE YOUMAKER WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE YOUMAKER WEBSITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, YOUMAKER’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
 

11. DISPUTES, ARBITRATION, AND CHOICE OF LAW

Service for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
 

Choice of Law

Any disputes relating to this Agreement or your use of our Service will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. Notwithstanding the foregoing, the arbitration agreement set forth in this Section 11 will be governed by the Federal Arbitration Act.
 

Choice of Venue for Litigation; Jury Trial Waiver

Except for matters that must be arbitrated (as set forth below), you and Youmaker agree that any action relating to this Agreement or your use of our Service must be commenced in either the Commercial Division of the New York State Supreme Court for New York County or the United States Federal Court for the Southern District of New York; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, YOUMAKER AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. You agree that the Service shall be deemed to be solely based in the State of New York and the Youmaker website shall be deemed a passive website that does not give rise to personal jurisdiction over Youmaker, either specific or general, in jurisdictions other than the State of New York.
 

Arbitration of Privacy Claims; Class Action Waiver

The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as modified by our Arbitration Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
 

12. CHANGES TO THE SERVICE

Youmaker is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
 

13. COPYRIGHT PROTECTION.

If you believe your copyright has been infringed on the Service, please send us a notice. We respond to notices of alleged copyright infringement according to the process in our Copyright Center, where you can also find information about how to resolve a copyright dispute. Youmaker’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
 

14. LIMITATION ON LEGAL ACTION

YOU AND YOUMAKER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 

15. NO ENDORSEMENT; AVAILABILITY; MONITORING

You understand that you will be exposed to Content from a variety of users. You acknowledge that Youmaker does not endorse, evaluate or guarantee any Content and you may not state or imply any such endorsement, evaluation or guarantee. Youmaker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of Content. Youmaker does not guarantee that any Content will be made available on the Service, whether continuously or at all. Youmaker does not assume any responsibility or liability for any Content and you agree to waive any legal or equitable rights or remedies You may have against Youmaker regarding such Content. You acknowledge that you have no expectation of privacy or confidentiality with respect to Content. Youmaker shall have no obligation to monitor any user or Content. However, Youmaker and its agents shall have and do reserve the right to monitor any user and Content from time to time for any lawful purpose. Youmaker may, without notice to you, remove or block any user and Content from the Service, including disabling access to such user and Content that you have downloaded through the Service. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
 

16. MODIFYING THIS AGREEMENT

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Youmaker will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
 

17. PRIVACY POLICY

Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information. The Privacy Policy is incorporated by reference and made part of this Agreement. Your use of the Service is subject to your acceptance of our Privacy Policy.

 

18. GENERAL PROVISIONS

Assignment

You may not assign any of Your rights or obligations under this Agreement without Youmaker’s express prior written consent. Youmaker may assign its rights or assign or delegate any of its obligations under this Agreement without restriction.
 

Enforceability and Waiver

If any provision of this Agreement is found illegal or unenforceable, this Agreement will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. No delay or failure by Youmaker to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
 

Entire Agreement

This Agreement constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between you and Youmaker concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to this Agreement.
 

Export and International Use

The Service is controlled and offered by Youmaker from its facilities in the United States of America. Youmaker 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. Youmaker shall not have any liability with respect to such use.
 

Force Majeure

In the event that Youmaker is prevented from performing or is unable to perform any of its obligations under this Agreement due to any cause beyond its reasonable control, then Youmaker’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
 

Links to Third Party Websites or Service

As a convenience for its users, Youmaker may contain links on this website to other websites owned by third parties or make viewing of videos available on third party websites or services. Unless otherwise stated, Youmaker does not endorse or control these third parties and takes no responsibility for them or their websites. Please refer to these third party websites for their terms and conditions and other policies.
 

Notices

All notices required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below.

If to Youmaker:

Youmaker Corp.
23 Center St.
Middletown, NY 10940

If to you: via email or transmittal to the address identified by you through your registration for the Service shall constitute notice to you.
 

Severability

Each provision of this Agreement shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
 

Survival

All terms of this Agreement which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
 

Addenda

This Agreement incorporates the following documents by reference:

Privacy Policy
Copyright Policy
Sync Terms

Last Updated: March 15, 2021
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