This End User License Agreement (the "Agreement") sets forth the legally binding terms and conditions which are applicable to your use of any of the Applications ("App", "App" or "Services") from OrangeView Ltd. d/b/a YouberUp ("YouberUp").
Accepting the Agreement
Please read the terms of this End User License Agreement carefully before continuing with the download and installation of the App. By downloading, installing, starting or in any way using this App (including all content, materials and information therein) for Android, iOS, or any other platform, as applicable (the "App"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, then do not use the App. You agree that installation or any use of the App signifies that you have read, understood, and agree to be bound by the Agreement and the Terms and Conditions for Use of the Services.
Basic Rules
- 1. You can use the App only for personal purposes (you may not use them for commercial purposes). You must not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the App and your Content (defined below), including but not limited to, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post, or display on or via the App.
- 2. You must not interfere or disrupt the service or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or access YouberUp's private API by any means other than in compliance with rules we set on API access.
- 3. You must not spam or submit any unwanted email or comments to any users of the App, or use web URLs in your username without prior written consent from YouberUp.
- 4. You are not allowed to resell or charge others for use of or access to the App, or duplicate, reproduce, transfer, give access to, copy or distribute any part of the App in any medium without YouberUp's prior written authorization.
- 5. Violation of the Agreement may, in YouberUp's sole discretion, result in a ban of YouberUp usage. You understand and agree that YouberUp cannot and will not be responsible for the Content stylize on the App and you use the App at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for YouberUp, we can stop providing all or part of the Services to you.
General Terms
- 1. We only provide the services as stated. In other words, we do not guarantee that your new subscribers will interact with your channel unless stated explicitly.
- 2. We do not work with channels that endorse illegal activities or pornography. We reserve the right to deny our services to customers if their channels fall into either category.
- 3. We cannot guarantee that every new subscriber will subscribe to your channel indefinitely.
- 4. To fulfill all services we require information such as channel URLs, video URLs, your emails, names and links.
Advertising
Some of the YouberUp Services are supported by advertising revenue and may display advertisements and promotions. You agree that YouberUp may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Privacy
YouberUp may collect and use information concerning your use of YouberUp App as set forth in its Privacy Policy. We will not rent, reveal or sell all your information to third parties outside YouberUp (or the group of companies of which YouberUp is a part) and its controlled subsidiaries and affiliates without your consent.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUBERUP CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER YOUBERUP NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE YOUBERUP PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE YOUBERUP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO YOUBERUP OR VIA THE SERVICE. IN ADDITION, THE YOUBERUP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE YOUBERUP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE YOUBERUP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE YOUBERUP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE YOUBERUP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE YOUBERUP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Links to Third Party Websites
Certain links contained in the App and the official website that refer to other websites of third parties are not in control of YouberUp. We do not make any representations or warranties of any kind, express or implied, as to the operation included in other websites. The names of actual companies and products on this website may be the trademarks of their respective owners.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUBERUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUBERUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL YOUBERUP'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF ACTUAL PRICE PAID BY YOU TO YOUBERUP FOR THE APP. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Governing Law
If the App is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Product by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer App clause of DFARS and any other related applicable U.S. statutes or regulations.
Modification or Termination
The terms of this Agreement may be updated at any time by YOUBERUP, with or without prior notice, including but not limited to changing the functionality or appearance of the App, or changing the license scope, other terms of the Agreement, or YouberUp Services. If there are changes to the Agreement, YouberUp will publish the modified content on its website (https://www.youberup.com/terms). Once the revised version of the Agreement is published on the web, it is immediately effective and replaces the original. If you do not agree with the Agreement or any subsequent amendments, you may choose to terminate your use of the App or Services; if you choose to continue using the App or Services, it is assumed that you fully accept the terms and its amendments.
Reporting Violations
If you become aware of any misuse of the YouberUp services or any violation of the Terms, Privacy Policy, or Additional Terms, please contact us to report such misuse and/or violation.
Contact Us
Should you have any questions concerning this notice, or if you desire to contact us for any reason, please contact us.