This web site, youtuber-7or.com (the youtuber-7or Site ), is operated by youtuber-7or Inc. ( youtuber-7or ). youtuber-7or is a user-generated video content agency that provides a video exchange, video hosting platform and video player. youtuber-7or provides access to user-generated videos and other content ( Content ) via the youtuber-7or Site, via the youtuber-7or video player application (the youtuber-7or Player ) and otherwise, including through syndication (collectively, the youtuber-7or Service ), under certain terms and conditions as set forth below.
The following additional rules apply to the Forum:
You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.
The youtuber-7or Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and/or third party search results., The youtuber-7or Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by youtuber-7or ( Third-Party Site(s) ). youtuber-7or is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. youtuber-7or makes no representations or warranties whatsoever concerning;
You understand, acknowledge, and agree that where the youtuber-7or Player is licensed for use by a third-party, such third-party may be using the youtuber-7or Player for certain purposes or to display certain content, that is not content owned, controlled, distributed, authorized or endorsed by youtuber-7or.
You acknowledge and agree that all Content and materials available on the youtuber-7or Site and/or available through the youtuber-7or Service are protected by one or more of intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that t their use is restricted by the terms of this Agreement and applicable statutory and common laws.
youtuber-7or, youtuber-7or.com, the youtuber-7or Player, and youtuber-7or product and service names are trademarks and/or service marks of youtuber-7or Inc. (the youtuber-7or Marks ) and are owned exclusively by youtuber-7or. You will not display or use the youtuber-7or Marks, in any manner that would constitute infringement of youtuber-7or’s rights, without youtuber-7or's prior permission.
Use of the youtuber-7or Player is subject to any applicable license agreements for use of the youtuber-7or Player.
Subject to any applicable license agreements which replace and/or supersede these general license terms with respect to the use of the youtuber-7or Player, the following terms and conditions apply to use of the youtuber-7or Player.
youtuber-7or hereby grants you a non-exclusive license to use the youtuber-7or Player subject to the following terms:
You may not:
This license does not grant you any right to any enhancement or update, and any right to grant sublicences, to the youtuber-7or Player.
Title, ownership rights, and intellectual property rights in and to the youtuber-7or Player and Documentation shall remain with youtuber-7or. The youtuber-7or Player is protected by the copyright laws of Canada, the United States and internationally by copyright treaty. Title, ownership rights and intellectual property rights in and to the Content accessed through the youtuber-7or Player including any Content contained in the youtuber-7or Player media demonstration files is the property of the applicable content owner and is protected by applicable copyright or other law. This license gives you no rights to publish, disseminate or otherwise use such Content.
THE youtuber-7or PLAYER AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, youtuber-7or FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE youtuber-7or PLAYER AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL youtuber-7or OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF youtuber-7or HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
youtuber-7or enables creators of Content to submit Content to the youtuber-7or Service in accordance with the Agency Options set forth below. Under no circumstances shall the following be submitted to the youtuber-7or Service:
youtuber-7or has the sole discretion to decide whether Content or material is permitted on the youtuber-7or Service and any materials submitted to the youtuber-7or Service may be, but is not necessarily, examined by youtuber-7or before it is made available on the youtuber-7or Service. You acknowledge that youtuber-7or has the absolute right (but not the obligation) to prohibit, refuse, delete, move and edit Content and material for any reason, in any manner, at any time, without notice to you.
You should also know that in visiting the youtuber-7or Site or viewing Content via the youtuber-7or Player or otherwise, you may be exposed to materials which you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such Content or material.
To report content that violates our policies, please email email@example.com
We take seriously any complaints received from viewers of youtuber-7or Content and attempt to respond to every complaint. If you have a complaint regarding the Content, materials available through the youtuber-7or Service, inappropriate behavior or postings by other users in the Forum, or otherwise, you may submit your complaint to youtuber-7or by emailing our customer service representatives at firstname.lastname@example.org. Please use the word Complaint in the subject line, and include the following information in your email:
A customer service representative will endeavour to respond to your email and if, in youtuber-7or’s determination, your complaint is a valid one, youtuber-7or will take appropriate actions in its sole discretion, and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions youtuber-7or has taken as a result.
If you are a creator of Content submitted to the youtuber-7or Service through your youtuber-7or account, the relationship between you and youtuber-7or is one of principal and agent ( Agency ) and is subject to the terms and conditions set out herein which specifically govern this relationship (the Agency Agreement ).
Appointment of Agent. You, as the principal (the Principal or you ), may submit video Content to be published and managed by youtuber-7or as your agent ( Agent ) for the purposes of same. By submitting Content to youtuber-7or and by youtuber-7or accepting such Content on the youtuber-7or Service pursuant to either Agency Option A or Agency Option B , as defined below, you are appointing and do hereby appoint youtuber-7or as your exclusive, worldwide, perpetual Agent for such Content, and grant youtuber-7or the exclusive right to distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the Term of Agency as defined below (the Agency Rights ). As discussed in more detail below, the Agency Rights will also include youtuber-7or’s right to bring suit in its own name as plaintiff for infringement or other inappropriate or illegal use of the Content and to seek in such suit all damages or other relief available under law and equity to which you and/or youtuber-7or are entitled. By appointing youtuber-7or as your Agent and granting youtuber-7or the Agency Rights, you agree that you shall not distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the Agency Term, as defined below. The Agency Term means a 50 (fifty) year period commencing as of the date you enter into this Agreement. The Agency Term shall automatically renew for additional consecutive renewal terms of 50 (fifty) years each, unless either party gives written notice of its intent not to renew the Agency Term, ninety (90) days prior to the expiration of the then expiring Agency Term.
There are four (4) types of Agency Option(s) offered and governed by this Agreement, as described below, namely, Agency Option A , Agency Option B , Agency Option C , and Agency Option D . You must select a single Agency Option during the Content submission process, and that selected Option cannot thereafter be changed without youtuber-7or express written permission. If you select any of Options A or B, you cannot remove the video from the youtuber-7or Player for the duration of our Agency agreement.
You will receive all Net Earnings, less an Agency Fee equal to 40%, collected in relation to your Content.
You will receive all Net Earnings, less an Agency Fee equal to 40%, collected in relation to your Content. youtuber-7or shall not publish your Content to YouTube.com and publication of your Content shall be limited to all media and channels except YouTube.com which is specifically excluded.
youtuber-7or will publish your Content through the youtuber-7or Player and will act as your Agent only in respect of publication via this channel. All other media and channels are specifically excluded from youtuber-7or’s Agency.
You will receive all Net Earnings collected in relation to publication of your Content on the youtuber-7or Player less an Agency Fee equal to 40%. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the youtuber-7or Player at any time.
youtuber-7or shall only publish your Content on youtuber-7or’s Video Player or youtuber-7or-owned websites.
youtuber-7or shall not monetize your Content. No Net Earnings will be payable to you and no Agency Fees shall be charged. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the youtuber-7or Player at any time.
By selecting a CPS Subscription as offered by youtuber-7or from time to time the terms, features, and pricing of your selected CPS Subscription will be as described during the CPS Subscription selection procedure through the youtuber-7or Site (the CPS Features and Pricing ). All CPS Subscriptions terms are monthly and are automatically renewed for successive months until terminated.
youtuber-7or reserves the right to change any terms, features, or pricing of CPS Subscriptions at any time with all such changes having effect upon thirty (30) days’ notice or as otherwise notified to you by youtuber-7or.
By selecting a CPS Subscription you are agreeing to pay the associated fees (the CPS Subscription Fee ) for the CPS Subscription and hereby authorize youtuber-7or to charge or debit your agreed payment method on a monthly basis for the CPS Subscription Fee and any other applicable charges. All CPS Subscription Fees are payable in advance and charged monthly, subject to the Upgraded Plan provisions set out below.
Each CPS Subscription provides for a certain maximum allotted amount of bandwidth (the Maximum Allotted Bandwidth ) which may be used by you throughout each monthly CPS Subscription period ( Monthly Subscription Period ), commencing at the start-date of your CPS Subscription ( Subscription Start Date ) and ending at the monthly anniversary date of your Subscription Start Date ( Subscription Anniversary Date ). Any portion of the Maximum Allotted Bandwidth that you do not use during any particular Monthly Subscription Period will not roll over and may not be used or applied to a subsequent Monthly Subscription period.
It is your responsibility to monitor and manage bandwidth usage, available via the youtuber-7or dashboard, during the Monthly Subscription Period. youtuber-7or may but is not obliged to notify you if you have expended or are likely to expend your Maximum Allotted Bandwidth.
Unless otherwise specified in the CPS Features and Pricing applicable to your CPS Subscription, once you use the Maximum Allotted Bandwidth, and absent a duly received Notice of Overage Disablement (as defined below), your CPS Subscription will automatically and immediately (the New Subscription Start Date ) be upgraded to the next superior CPS Subscription plan available and as described in Subscription Features and Pricing on the youtuber-7or Site ( Upgraded Plan ). Your Subscription Anniversary Date shall be immediately and automatically reset with all features and pricing of the Upgraded Plan becoming effective and applicable to your CPS Subscription as of the New Subscription Start Date. This Bandwidth Overage Procedure will continue to apply to each Upgraded Plan so that your CPS Subscription is automatically and immediately upgraded to the next superior plan each time you reach the Maximum Allotted Bandwidth, including but not limited to an already Upgraded Plan. You hereby agree to the automatic implementation of your Upgraded Plan upon reaching the Maximum Allotted Bandwidth for your original or any subsequent Upgraded Plan pursuant to the Bandwidth Overage Procedure, and hereby authorize youtuber-7or to charge or debit your agreed payment method for the applicable CPS Subscription Fee in respect of the Upgraded Plan commencing upon the new Subscription Start Date in respect of each applicable Upgraded Plan.
If you do not wish to use or be upgraded to an Upgraded Plan pursuant to the Bandwidth Overage Procedure, you are required to notify youtuber-7or in writing via youtuber-7or Billing (email@example.com) prior to any Bandwidth Overage, of your intention to disable any Bandwidth Overage in connection with your CPS Subscription effective as of the point that you reach the Maximum Allotted Bandwidth ( Overage Disablement ) for your current CPS Subscription ( Notice of Overage Disablement ). Your Notice of Overage Disablement shall only apply to your then current Monthly Subscription Period and you will be required to notify youtuber-7or again in respect of any requested Overage Disablement for any subsequently Monthly Subscription Period. In the absence of a duly received receipt of Notice of Overage Disablement in accordance with these provisions, you will be automatically upgraded to the Upgraded Plan once you use the Maximum Allotted Bandwidth in accordance with these provisions.
No refunds are available in respect of any fees to youtuber-7or. In order to cancel, contact firstname.lastname@example.org at least five days prior to your Subscription Anniversary Date or New Subscription Start Date in order to ensure that you will no longer be billed.
If you decide on your own to upgrade your CPS Subscription to an Upgraded Plan that provides additional bandwidth, you may do so via the youtuber-7or dashboard available on the youtuber-7or Site. By selecting an Upgraded Plan as described in the CPS Features and Pricing, you acknowledge that the selected Upgraded Plan will commence immediately thereby constituting a New Subscription Start Date and your Subscription Anniversary Date will be adjusted accordingly. Your Upgraded Plan will continue to be subject to the Bandwidth Overage Procedure.
youtuber-7or may from time to time offer a Free Trial of a CPS Subscription pursuant to the description of any such Free Trial on the youtuber-7or Site. You acknowledge and agree that all Free Trials are of a maximum duration of 30 days unless otherwise specified by youtuber-7or, and shall be automatically converted to a CPS Subscription requiring payment of CPS Subscription Fees in accordance with the applicable CPS Features and Pricing upon the expiry of the initial 30-day Free Trial period. You also acknowledge that all terms and conditions applicable to Free Trials, including but not limited the Bandwidth Overage Procedure, shall apply to Free Trials, both before and after the expiry of the initial 30-day Free Trial period. You hereby authorize youtuber-7or to charge or debit your agreed payment method on a monthly basis for the applicable CPS Subscription Fee commencing as of the expiry of the initial 30-day Free Trial period unless at least five days prior to such expiry you notify youtuber-7or of your intent to cancel at email@example.com.
youtuber-7or may from time to time offer certain payment methods in respect of CPS Subscription Fees. In the event that a credit card or debit card is permitted as a payment method and the applicable CPS Subscription Fees are not chargeable or debitable to such payment method, you acknowledge and agree that if the credit card or debit card does not work, either because of expiry or otherwise, then upon expiry of any paid portion of your CPS Subscription period, all CPS Subscription services may be deactivated without notice to you. You are solely responsible for ensuring that all permitted payment methods are up-to-date and are able to cover all applicable CPS Subscription Fees, including but not limited to all CPS Subscription Fees payable for Upgraded Plans.
youtuber-7or may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via the youtuber-7or Service, in its sole commercial discretion based upon the Agency Option which you select. youtuber-7or reserves the right to decline or reject any Content submitted to the youtuber-7or Service.
You affirm, represent, and warrant that you have the legal right to submit the Content to the youtuber-7or Service, that you have all necessary right and authority to appoint youtuber-7or as your Agent in accordance with the selected Agency Option as described herein, and that you are legally entitled to enter into the Agency Agreement.
You further represent and warrant that any Content submitted does not contain third party copyrighted material, or material that is subject to other third party proprietary, intellectual property or contractual rights or interests, unless you have express written permission from the rights holder of the Content to enter into this Agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of same in writing forthwith upon request by youtuber-7or. You are required to obtain such written permission before submitting such Content to the youtuber-7or Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement.
Any infringement or other violation of a third party’s rights with respect to the Content submitted by you to the youtuber-7or Service and which has been identified as such by youtuber-7or or by a third party, may immediately and without notice to you result in the removal of such Content. It is youtuber-7or’s strict polity to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify and hold harmless youtuber-7or, its agents, employees, contractors, directors, officers, and shareholders, as to any allegations, demands, claims, investigations or disputes arising from your submission of Content to youtuber-7or and/or monetization of your Content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party.
You acknowledge and agree that except for the Assignment Option discussed below, this Agency Agreement does not assign ownership of any copyright for or in the Content to youtuber-7or, and that all payments made to you pursuant to this Agreement are amounts earned by you from the monetization of your Content, less expenses and youtuber-7or’s Agency Fees (as defined below) and are not royalties or license fees. If you receive payments from youtuber-7or as the person authorized by the creator or rightsholder to retain youtuber-7or as Agent, you indemnify and hold harmless youtuber-7or from and against any claim by the creator or rightsholder in respect of your receipt of such payments and in respect of youtuber-7or’s Agency.
In the case where you have chosen either Option A or Option B , in order to monetize your Content, youtuber-7or may in its sole unfettered commercial discretion, on your behalf, grant, sell and enter into License(s) (as defined below) to the Content with you being the Licensor, subject to youtuber-7or being your attorney in fact for effecting such License(s) with the Licensee, as defined below, and you further authorize such Licensee to use such licensed Content in any media for any purpose including but not limited to use in advertising, promotion, marketing and packaging for any product or service, worldwide. For the purposes of this paragraph, a License means any contractual arrangement arranged between youtuber-7or as your sole and exclusive Agent, and a third party (a Licensee ) in respect of the Licensee’s use of your Content. In the event that youtuber-7or desires, in its sole discretion, to enter into a Licence for your Content only, and/or to include Content from other creators with your Content in a single License, you hereby authorize and grant to youtuber-7or the actual authority, permission and right: i) to do so; ii) to do so without seeking your further consent and without providing notice to you; and iii) to do so in its own name. In that event youtuber-7or, acting as your Agent, will be listed as the sole nominative licensor in that License. You (and any other creator whose Content is included in the License) will each be an Undisclosed Principal in that License. It is further understood and agreed that you (and any other Content creator whose Content is included in the License) are each the real party-in-interest Licensor, and to the extent any compensation or other consideration is paid by the licensee, it will not be deemed licensee fees or royalties to youtuber-7or. You also hereby grant to youtuber-7or the actual authority, permission and right at its discretion to disclose or not to disclose your name as a real-party-in-interest Licensor. You also hereby grant to youtuber-7or the actual authority, permission and right to prosecute in its own name any claims against the other party to the License or to defend claims asserted by the other party to the License ( Litigation ) without seeking further consent from you or providing notice to you. youtuber-7or will control all aspects of the Litigation, will be responsible for all costs and attorneys’ fees, and will be entitled to seek, recover and retain any damages or other compensation, consideration, or other relief or recovery from the other party to the License in the Litigation, without providing any notice or accounting to you. youtuber-7or will defend and indemnity you with respect to any claims made against you by the other party to any License entered into by youtuber-7or in which you are an Undisclosed Principal as to any asserted breach by you of the License unless you are alleged to have committed the act or acts that are alleged to constitute the breach. In that instance, youtuber-7or reserves the right to demand that you defend and indemnity it as to such claims, which you hereby agree to do.
In the case where you have chosen either Option A or Option B , by submitting Content to youtuber-7or, you are irrevocably agreeing to appoint youtuber-7or as your sole, worldwide, exclusive and perpetual Agent with respect to the Content and all rights pertaining thereto, including without limitation, all rights enumerated in United States Code, Title 17, § 106 , and you herein authorize and grant youtuber-7or the exclusive authority to make all decisions and take all actions youtuber-7or deems reasonably appropriate with respect to the management, commercial and non-commercial monetization of the Content under the terms of this Agreement.
You specifically authorize youtuber-7or as your Agent to combine the Content with other images, text, graphics, file, audio, audio-visual works; and alter, modify and crop the Content at youtuber-7or’s sole discretion, and hereby waive any reservation of moral rights in and to the Content.
In the case where you have chosen either Option A or Option B , as your Agent in respect of the Content, youtuber-7or may choose in its exclusive and absolute unfettered and/or arbitrary commercial discretion, to , register copyrights in any jurisdiction or jurisdictions worldwide on your behalf, with you (or the party which has expressly provided you with authorization to enter this Agreement and is the rightsholder) listed as the copyright claimant, author, or similar, and to record youtuber-7or as your sole and exclusive Agent therein for the purposes of administering all rights and permissions thereto. youtuber-7or shall not be liable to you or any third party for any delay or defect in it attempt to registerthe copyright in any Content, or if youtuber-7or does not attempt to register such Copyright.
In the case where you have chosen either Option A or Option B , as your Agent in respect of the Content, youtuber-7or may choose in its exclusive and absolute unfettered and/or arbitrary commercial discretion to pursue any legal remedies available in order to, as your Agent, assert or enforce your (or if you are entering into this Agreement under authority of a third party rights holder, that third party’s) copyright or other intellectual property rights in and to the Content, including but not limited to making a claim or commencing legal proceedings with respect to all payments owing to you by third parties with respect to infringement of the Content, and you agree to fully cooperate in same (or if you are entering into this Agreement under authority of a third party rights holder, you agree to procure the cooperation of such third party). Notwithstanding the foregoing, you acknowledge and agree that youtuber-7or shall at no time and in no manner be obliged to make any efforts as your Agent pursuant to this provision. You hereby appoint youtuber-7or as your (or if you are entering into this Agreement under authority of a third-party rights holder, that third-party’s) attorney in fact for executing any instrument or document or taking any step in furtherance of the rights granted herein.
Where youtuber-7or as Agent takes steps to enforce the copyright in your Content or breach of a license agreement on your behalf as Principal, or where the law allows youtuber-7or (as an agent having a pecuniary interest in the subject matter and outcome of the suit) to file suit in its own name as your agent), or whether directly by way of the Assignment Option, as defined below, or otherwise, youtuber-7or shall have sole control and decision-making power over any demand, claim, proceeding or settlement. If required by applicable law that you be a named plaintiff in any such enforcement action relating to your Content, you hereby so consent to be so named. In that instance, youtuber-7or will continue to have sole control of the action as described above, will continue to pay all fees and costs incurred in that action, and you agree to cooperate with youtuber-7or with respect to such action.
It is understood and agreed that any C-Suite officer (CEO, COO, CTO, CFO) of youtuber-7or may execute documents pursuant to, and exercise for youtuber-7or, any power of attorney you have granted to youtuber-7or herein.
You, or if you are entering into this Agreement under authority of a third party rightsholder, that third party, shall not issue any demand, or commence any claim or proceedings to enforce any rights in any Content submitted to youtuber-7or under Agency Option A or Agency Option B , except with youtuber-7or’s express authorization which may be denied in the event that youtuber-7or elects to assume carriage and control of such enforcement measures, and in such event youtuber-7or shall indemnify and hold you (or the applicable third party rightsholder) harmless from and against any damages, legal fees and costs, directly attributable to such enforcement measures. If, however, youtuber-7or authorizes you to take enforcement action, then you will be solely responsible for all fees, costs, damages or other expenses in that action.
In the event that any claim or demand is made by youtuber-7or or if legal proceedings are commenced by youtuber-7or on your behalf and in your name as your Agent (as opposed to youtuber-7or being the copyright owner pursuant to the Assignment Option as set out below) and such claim, demand, or proceeding results in a payment from a third party to youtuber-7or, youtuber-7or shall be entitled to deduct from such proceeds: a) all associated legal fees and expenses incurred or payable by youtuber-7or; and b) if the payment amount exceeds the subsection (a) amount by at least USD $1,000.00, a management and enforcement fee equal to the remainder of the proceeds less the sum of USD $1,000.00, meaning that the maximum that you can receive in such event is USD $1,000.00.
Notwithstanding any provision in this Agreement to the contrary, in the case where you have chosen either Option A or Option B only, if youtuber-7or determines that it requires your copyright to be assigned to youtuber-7or along with all related claims and causes of action (collectively, Copyrights ), so as to enable youtuber-7or to have standing to enforce the Copyrights against a third party, then youtuber-7or shall have the option at any time, in consideration of the Copyright Assignment Fee (as defined below) to cause and consummate such assignment of Copyrights to youtuber-7or, and this Agreement shall be your written instrument effecting same (the Assignment Option ). Alternatively, if you are entering into this Agreement under authority of a third party rightsholder as may be permitted herein, you represent and warrant that you have authority herein to agree to same on behalf of such third-party rights holder.
If you have chosen either Opton A or Option B only, you hereby appoint youtuber-7or as your Attorney in Fact as to any such Assignment, and grant to youtuber-7or the actual authority, right and permission, as your Attorney in Fact, the execute a separate Assignment document in the following form:
For Value Received, the sufficiency of which is acknowledged, [your name], an individual residing in the state of [your state of residence] ( Assignor ) hereby assigns all copyright in [description of the Content being assigned] (the Content ) to youtuber-7or, Inc. ( Assignee ). Assignor represents and warrants that a copyright exists in the Content, that Assignor owns all right, title and interest in and to that copyright, that the copyright has not been previously assigned or licensed, that Assignor has the right to assign the copyright in the Content to Assignee, that there is no dispute or potential dispute of which Assignor is aware regarding the copyright in the Content or Assignor’s ownership thereof and right to assign to Assignor; and that Assignee may hereafter register the copyright in Assignee’s name. This Assignment includes assigning to Assignee the sole right to seek, recover and retain any and all damages (and related forms of recovery and relief) for past, present and future infringement of the assigned copyright, without notice or accounting to Assignor.
Executed this __ day of ___________, 20__, at Toronto, Canada. By: _________________________________ Name: ___________________________ Title: youtuber-7or ___________________ Attorney in Fact for [your name].
In the case where you have chosen either Option A or Option B , and if youtuber-7or so requests, you shall cooperate in executing any additional instruments or assignments of Copyrights (and related claims) reasonably required to give effect to the assignment, transfer and enforcement of the Copyrights in the Content (or if you are entering into this Agreement under authority of a third party rights holder, you agree to procure the cooperation of such third party). In the case where you have chosen either Option A or Option B , you hereby appoint youtuber-7or as your (or if you are entering into this Agreement under authority of a third party rights holder, that third party’s) attorney in fact for executing on your or their behalf any instrument or assignment reasonably required to give effect to this provision and to effect the assignment and transfer of Copyrights.
The Copyright Assignment Fee payable by youtuber-7or to you shall the combination of;
Upon assignment of Copyright in accordance with these provisions, all right, title, interest, and goodwill, together with the right to pursue and collect damages for all past, present, and future claims and causes of action in relation to enforcing intellectual property rights in and to the Content, including but not limited to youtuber-7or’s exclusive right to seek, recover and retain all past, present and future damages, attorneys’ fees, enhanced or punitive damages, license fees, and/or royalties related to the Content, shall be transferred to youtuber-7or.
As Agent, youtuber-7or is authorized to collect any applicable earnings derived from the publication, licensing, display and/or other use (collectively, the Use ) of your Content on your behalf pursuant to this Agreement, and to remit to you on a monthly basis the Net Earnings less Agency fees ( Agency Fees ). The term Net Earnings is defined below and the calculation of the amounts of Net Earnings are determined by the Option you select below (see description of Agency Options above).
As used herein, Net Earnings means the aggregate cash amounts actually collected on your behalf by youtuber-7or as a result of the Use of your Content pursuant to this Agreement, less any amounts due to a youtuber-7or Publisher / Syndication Partner, hosting costs, taxes, defensive litigation costs, exchange rates, and any other direct costs. The calculation of Net Earnings will be performed in accordance with youtuber-7or’s standard accounting practices.
All payments to you of Net Earnings less Agency Fees will normally be remitted to your youtuber-7or account thirty (30) days after youtuber-7or receives payment on your behalf from third parties for the Use of your Content.
If an upfront payment amount is provided for under this Agreement, the entire amount indicated will be issued to your youtuber-7or account. Your future Net Earnings, less Agency Fees, will be applied against this upfront payment until the upfront payment amount is fully utilized.
The first month for which payment is to be made shall: (a) begin on the first day of the month following the month of execution of this Agreement; and (b) include the portion of the month of execution following the Effective Date (unless this Agreement was executed on the first day of a month, in which case the month shall be deemed to begin on the first day of such month).
Payments are subject to being reduced to offset bad debts, refunds and other charge-backs relating to Use of your Content within sixty (60) days of the payment to which the bad debt, chargeback or fund relates.
youtuber-7or does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice or position expressed therein, and youtuber-7or expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and youtuber-7or’s capacity as Agent is not Content owned by youtuber-7or (unless expressly assigned to youtuber-7or under the terms of this Agreement) or uploaded by youtuber-7or.
In order to submit Content to youtuber-7or you acknowledge that you are solely responsible for what is submitted and indemnify and hold youtuber-7or harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold youtuber-7or harmless from and against all third party claims with respect to the Content and acting as Agent in respect of the Content.
If your account qualifies for a youtuber-7or Publisher account, any activity on the youtuber-7or Player using the Monetized Embed Code will apply to your account as follows: as used herein, Net Advertising Revenues means aggregate amounts collected by youtuber-7or arising from the license or sale of the pre-roll, mid-roll, post roll or overlay advertisements included within the youtuber-7or Player less any amounts due for hosting, taxes, litigation costs, exchange rates, and any other direct costs. youtuber-7or shall retain all amounts derived from all other advertisements, promotions, links, pointers and similar services or rights. youtuber-7or Publisher is entitled to the Net Advertising Revenue less an Agency fee equal to 50% payable to youtuber-7or, within thirty (30) days following the end of each month whenever a youtuber-7or Publisher uses the youtuber-7or Monetized Embed Code. Analytics will be directly reported into the Publisher Dashboard within your youtuber-7or account.
To file a copyright infringement notification with us relating to Content on the youtuber-7or Player, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:
Service Provider(s): youtuber-7or Inc. Name of Agent: Claudio R. Address: youtuber-7or Inc., 218 Adelaide Street West, Suite 400, Toronto, Ontario, M5H 1W7 Email: firstname.lastname@example.org
If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from youtuber-7or, we suggest that you email us at email@example.com with the subject as ONGOING DMCA where we increase the speed at which we are able to remove any infringing content on youtuber-7or and also offer industry-leading content identification tools and personal management for your requests.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Claimant information will be published on the youtuber-7or site at anytime.
If you believe that material you posted has been removed in error, you should send to our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the youtuber-7or site, you may notify youtuber-7or.com. Please email firstname.lastname@example.org so we can investigate the matter further.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE CONTENT ) ARE PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. youtuber-7or, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL youtuber-7or, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF youtuber-7or.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, youtuber-7or’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold youtuber-7or, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. youtuber-7or reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with youtuber-7or in asserting any available defenses.
youtuber-7or has a zero tolerance for any violation of Content Polices and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of youtuber-7or.
You acknowledge and agree that youtuber-7or shall not be liable to you or any third party for any termination or suspension of your access to the youtuber-7or Services.