Standard Terms of service for Youtubeers, platform developed by YOUTUBEERS LLC
Last Updated: November 29, 2022
1. Introduction
The following terms of service (“Terms of Service”) for Youtubeers, SaaS platform developed by YOUTUBEERS LLC (“Youtubeers”, “We”, “Company”, "Website"), describe the terms on which a user may access and use Services of Youtubeers. In order to use Youtubeers, it is mandatory to read and accept the Terms of Service. These Terms apply to any person or persons("Customer") who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Youtubeers reserves the right to modify the Terms of Service at any time without prior notice. Updated Terms of Service come into power once they are posted on this webpage. Your continued use of Youtubeers services automatically suggests your acceptance of the updated Terms of Service.
2. Definitions
“Agreement” means these terms and conditions including all policies, procedures and/or guidelines which appear on that webpage from time to time as well as all Google Ads Terms.
“Ads Content” or “Content” means any and all information that you post on YouTube by the use of the Services.
“Google Ads Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Google Ads from time to time and can be found on that page https://payments.google.com/paymentsinfofinder
“YouTube Terms” means any and all terms and conditions including policies, procedures and/or guidelines on YouTube from time to time and can be founded on that page https://www.youtube.com/t/terms
“Youtubeers” means Youtubeers’s advanced management tool for Google ads, which is used to provide the Services.
“Services” means the web based features and services included in, and provided as part of, Youtubeers.
3. Use of services
The Website is not intended for individuals under the age of 18. Youtubeers does not target its Services or the Website to individuals under the age of 18. Youtubeers does not knowingly collect Personal Data from individuals under the age of 18.
Youtubeers grants you a non-exclusive, non-tranferable, revocable, limited, personal right to use and access Services. Youtubeers does not authorize other use or access, including, without limitation, by robots, spiders, crawlers and scraping technologies. You are responsible for your own username and password (“Login Information”) and should not allow any third-party to access or use your Login Information. You are responsible for all individuals who access Services through your Login Information (“Authorized Users”). You and your Authorized Users may use Services only for you and your business, not to access Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Services.
By using our Services, you are agreeing to be bound by the YouTube Terms of Service.
Google Ads Account Access
Youtubeers is a technical application, which provides with advanced management tools for Google ads. In order to use Services, Youtubeers creates an advertising account with Google ads, but does not provide access to you as Customer. This restriction is due to the protection of intellectual property in the field of algorithms for advertising campaigns, as well as the protection of personal data of other customers.
The Service is intended to assist in the creation, management, monitoring, execution and optimization of advertising campaigns but is not intended to replace Customer’s discretion. In addition, marketing effectiveness is affected by a multitude of factors, such as Google Ads and YouTube algoritms, conduct and compliance, video quality and marketing strategies selected by the Customer. Therefore, Company does not warrant or guarantee any results of a campaign or from the use of the Service will meet Customer’s expectations or requirements or produce profit. It is acknowledged by the Customer that the Services largely depended on the multitude of factors, operation of third-party platforms and websites, and that the Company shall not bear responsibility or liability with respect to such, their operation, rules, functionalities and/or changes made thereto.
You may use the Services only if you can form a binding contract with Youtubeers and are not a person barred from receiving services under the laws of the USA or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
4. Pricing
The Service prices shall be as quoted in Youtubeers’s current price list, which can be reviewed at https://youtubeers.com/price/. All prices provided by Youtubeers are (unless otherwise stated) exclusive of taxes and duties. You will have to provide a valid credit card or other payment methods.
Youtubeers reserves the right to modify the prices for Services from time to time in its sole discretion to cover any increase in Youtubeers’ costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum in respect of any set-off or counterclaim against Youtubeers. You are not entitled to withhold payments by reason of any alleged defect in the Service(s). Under no circumstances are you entitled to refund or reimbursement of fees paid to Youtubeers, unless otherwise stated in personal account.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed on a recurring and periodic basis ("Billing Cycle"). Billing cycles and plan price are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it, or Youtubeers cancels it. You may cancel your Subscription renewal by visiting the Billing page in the Youtubeers account.
A valid payment method, including credit card, is required to process the payment for your Subscription. By submitting payment information, you automatically authorize Youtubeers to charge all Subscription fees incurred through your account to any such payment instruments. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Should automatic billing fail to occur for any reason, Youtubeers will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Refunds
Refund requests may be considered by Company on a case-by-case basis and granted at the sole discretion of Company. Company can only process refunds for the 2 most recent payments prior to the refund request date. Any refund requests for payments beyond this threshold cannot be processed.
5. Disclaimer and limitation of liability
Ads Content
Youtubeers merely provides you with a technical application for advanced management of Google ads. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Google Ads. You further agree and acknowledge that Youtubeers does not prescreen the Ads Content, but that Youtubeers shall have the right, in its sole discretion, to review, reject or remove any Ads Content transmitted by the use of Youtubeers.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display may be viewable by other users of the Services and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Youtubeers assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to Ads Content or other information or data not being transferred to or published on Google Ads or caused by malfunction in a transfer facility.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you.
YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOUTUBEERS DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUTUBEERS SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. NO ADVICE OR INFORMATION WHETHER VERBAL OR WRITTEN, OBTAINED FROM YOUTUBEERS OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Youtubeers is not liable for any delay in performance of its obligations under these Terms caused by circumstances that were not reasonably foreseeable by Youtubeers at the time of entering into these Terms and the effects of which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Google Ads, disruption or delay in external networks or telephony connections or shortage in power supply. Youtubeers shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out or in connection with the use of Youtubeers or Services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
Youtubeers’ aggregate liability arising out the use of Youtubeers and/or Services will not exceed the greater of one hundred dollars ($100). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Youtubeers’ liability will be limited to the fullest extent permitted by applicable law.
6. Intellectual property rights
All copyright, designs, patent, trademarks, trade names and other intellectual property rights (“IPR”) in and to Youtubeers or displayed on the Website are and shall remain the exclusive property of Youtubeers (or Google Ads, YouTube or any third party as the case may be). You do not acquire any IPR to Youtubeers apart from the right of use under these Terms. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale and any other usage of the IPR of Youtubeers is prohibited and may result in civil and criminal penalties. By transmitting, sending or posting any Ads Content by the use of the Services you grant Youtubeers the nonexclusive, sub licensee and perpetual license to use, copy, display, modify or otherwise dispose of any such Content for any purpose.
7. Data collection
When you visit the Website and/or use Youtubeers you provide Youtubeers with information as may be collected as you interact with the Website and/or Youtubeers. Youtubeers is entitled, in its sole discretion, to save and freely dispose over any such information (including but not limited to all Ads Content).
Submitting your name and e-mail address as well as any other requested personal data or any other personally identifiable information (collectively, “Personal Data”) is a condition to using the Services. The Personal Data that you provide will allow Youtubeers to inform you of the Services as well as other services and products of interest. Youtubeers, its affiliates and partners, may use your Personal Data for processing, managing and providing you with personalized news, advertisement and other information. You may at all times opt-out from any further advertisement to your e-mail address by sending a notice to Youtubeers at the address as first set out in these terms and conditions.
Cookies may be used in order to make your visit to the Website easier, to enhance your experience, keep track of the number of visitors to and the general use of this Website as well as to keep track of advertisement. A cookie is a small text file stored on your hard drive, which tracks your movements within the Website. Cookies are never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.
You unconditionally consent to Youtubeers’ collection and processing of your Personal Data as specified in these Terms by ticking the “I agree” box when you sign up.
Please review the Privacy Policy, available at https://youtubeers.com/legal/privacy/, and incorporated herein by reference, for a more detailed description of Youtubeers’ collection and usage of your Personal Data
8. Links from the website
This Website contain links to YouTube, Google Ads and other websites that are not owned, controlled or operated by Youtubeers or any of its affiliates (“Third-Party Websites”). If you use these links, Youtubeers cannot be held liable for any content, material or other information displayed on those Third-Party Websites. Such links do not constitute an endorsement by Youtubeers of those Third-Party Sites. You acknowledge that Youtubeers is providing these links to you only as a convenience, and further agree that Youtubeers is not responsible for the content of such Third-Party Sites. Your use of any Third-Party Site is subject to the terms of use and privacy policies located on the linked to Third-Party Site.
9. Relationship of parties
You agree to indemnify and hold Youtubeers and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney’s fees, which are based on or arise from (a) your violation of any of the provisions of these Terms or otherwise is related to your Ads Content and/or use of Youtubeers , (b) allegations that yours Ads Content infringes or violates IPR, privacy rights, or other rights of a third party, or violates any applicable law, or (c) relating to, or arising from, your use of any Third-Party Websites or any third-party services.
10. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Jurisdiction and arbitration
These Terms shall be governed and construed in accordance with the laws of USA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In the event that any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement shall be deemed to be deleted from these terms and conditions, while the remainder of this these terms and conditions shall continue in full force and remain in effect.
12. Amendments of terms and conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try(but don't required) to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
13. Contact Us
If you have any questions about these Terms, please contact us.
YOUTUBEERS LLC
30 N Gould St Ste R
Sheridan, WY 82801, USA.
Contact email: [email protected]
Last Updated: November 29, 2022