Youshh Video Sharing Terms And Conditions

 

Welcome To Youshh!

Youshh is a Video Sharing Platform. Youshh allows you to find, watch and share video content. We put video creators first, allowing them to showcase their Content. All creators can receive immediate monetisation of their Content through advertising revenue paid to you by Youshh. Youshh allows advertisers to promote their brands, products and services.

In these terms Youshh is referred to as “Youshh”, “we”, “us” or “our”. The services and features we provide collectively form the Service.

By agreeing to these Terms you agree to use the website only for lawful purposes and in a way that does not infringe the rights of anyone else, or jeopardise anyone else’s use and enjoyment of Youshh. If you wish to continue using Youshh, then you are agreeing to and comply with the following Terms and Conditions of use, which with our Privacy Policy and Cookie Policy (collectively known as the “Agreement”), govern Youshh’s relationship with you in relation to the use of our website. If you disagree with any part or all of these Terms and Conditions then please do not use Youshh/ the website.

 

Privacy Policy

Please refer to the Privacy Policyfor more information on how we handle your data.

 

Cookie Policy

Please refer to the Cookie Policy for more information on the cookies we utilise.

 

 

About these Terms of Agreement

Modifying these Terms of Agreement

We may modify these Terms of Agreement at any time, at our discretion, to reflect changes to our Service for lawful, regulatory, or security purposes.

Changes concerning newly available functionality of the Service, or adjustments made due to legal purposes may be made effective instantly. If you do not agree to adjustments made to the Terms at any time, or at our discretion, then you should delete any Content you have previously uploaded and immediately cease to use Youshh/the Service.

To stay up-to-date, it is important for you to frequently review these Terms and Conditions for any alterations. Continuing to use Youshh after any changes are made to any of the Terms and Conditions will be regarded as your agreement to the changes.

 

Governing Law

English law shall govern the Terms and Conditions and your relationship with Youshh and the Service we provide, under this agreement. You and Youshh agree to submit exclusively to the jurisdiction of the courts of England, UK to resolve any legal matters that arise from these Terms and Conditions. You agree that Youshh is allowed to apply for legal assistance within any jurisdiction.

 

Who may use the Service?

Age Restrictions

You may use Youshh and the Service if you are 16 years of age and above.

If you are under the age of 18, you must have consent and permission from your parent or legal guardian to use Youshh/the Service. Please read this agreement together. If you are a parent or legal guardian of a User under the age of 18, you are responsible for your child’s activity on Youshh and are subject to the Terms and Conditions within this Agreement.

 

Corporate Users

If you are using Youshh on behalf of or for a company/organisation, you are sanctioning that you are authorised to act for or on behalf of the company/ organisation, and that the company/organisation consents to this Agreement and Terms and Conditions. Here, “you” and “your” will refer to the company/ organisation.

 

Your Use Of The Service

Content on the Service

The Content on the Service includes videos, audio (e.g. music and sounds), photos, graphics, text/descriptions, branding/trade names/trademarks/service marks/ logos, software, interactive features, works of authorship and other materials (collectively “Content”). Our Users are able to upload their Content to the Service. The individual/entity that provides Content to the Service is responsible for the entirety of that Content. Youshh provides the hosting services for this Content.

 

Youshh Does Not Allow

  • Extreme or radical views
  • Explicit adult content
  • Harmful content/dangerous acts
  • Revealing someone else’s personal information without their consent
  • Violent content/threats of violence/incitement to violence
  • Spamming
  • Illegal content
  • Unauthorised use of copy written content

 

Reporting Inappropriate Content

Although the Youshh team will carefully review each video before it goes live, in the case something is missed and you believe that you have viewed inappropriate content on Youshh/the Service, please use our Contact Us section located at the bottom of every page via email directed to the Report department.

Please do be aware that misuse of the inappropriate content reporting process may lead to either temporary or permanent suspension of your account.

 

Video Viewing

To use Youshh and the Service, which allows Users to view Content uploaded by other Users who have registered a Youshh account, you therefore consent to the Terms and Conditions of this Agreement:

  • Youshh is in no way responsible, or held in any way accountable, if a video fails to be viewed.
  • Youshh is in no way responsible or held in any way accountable for the content or source of any video that has been supplied and uploaded to Youshh and the Service.
  • Youshh has had no part in the making of any Content; the Content is created and generated by the specific Youshh account holder only.
  • Content can change without any notice, inline with the rights of the Youshh account holder/User and these Terms and Conditions.

 

Youshh Accounts

You can search for and browse Content, without having a registered Youshh account. Registering an account with Youshh will allow you to access additional functionality, such as to upload video Content to the Service. Keep your password safe to protect your Youshh account. Try not to use your Youshh account password on other third-party online platforms.

You are responsible for all activities carried out under your account, whether or not you are aware of them.

To register an account with Youshh, you must confirm the following:

  • You are aged 16 years or
  • You agree to comply with these Terms and Conditions and consent to the Youshh Privacy and Cookie Policies.

 

Your Information

Our Privacy Policy provides information on how we handle and protect your personal data/privacy when you use Youshh.

You use information and materials found on Youshh entirely at your own risk, for which Youshh cannot be held responsible or liable.

 

Feedback

Youshh always welcomes feedback on the Service. If you have any comments, feedback or suggestions on the Service, please contact us using our Contact Us section located at the bottom of every page via email directed to the General Enquiry department.

Please refer to our Privacy Policy to find out how we use data from your feedback.

 

Your Content and Conduct

Video Uploading

You own and are legally responsible and held accountable for all of the Content you submit to the Service through your Youshh account. Content includes videos, titles, descriptions and anything else associated to your account. You can upload Content to promote your business or artistry. If you decide to upload Content to the Service, it must comply with the law, and this Agreement:

  • The Content you upload must not include any third-party intellectual property (e.g. copyrighted material), unless you have permission from the third-party who owns the intellectual property or are legally permitted to do so.
  • The video and cover image must not be illegal, offensive or conflict with another’s cover image.
  • No personal identification information or contact details must be present within the video or on the cover image.
  • The video must be uploaded directly by the creator, or have the creator’s permission to do so.
  • The video must not contain deceiving descriptions, titles, tags or thumbnails to mislead users or gain views.

Youshh will scan each video to check it’s suitability before it can go live. Although the Youshh team will carefully review each video, in the case something is missed and a video is approved, Youshh has the right to remove any such video or account that is deemed as inappropriate or a potential violation to these Terms and Conditions. If you believe that you have viewed inappropriate content on Youshh or the Service, please us the Contact Us section located at the bottom of every page via email directed to the Report department.

 

Copyright Protection

Youshh comprises of material, which is either owned by or licensed to Youshh. This material includes, but is not limited to, the design/layout and graphics. Reproduction of this material is forbidden other than in agreement with the copyright regulations.

It is your responsibility to respect copyrights, trademarks and other legal rights, suitably referencing fair use laws where applicable, whilst using Youshh.

In circumstances where appropriate, Youshh’s policies stipulate account termination of repeat infringers. If you believe you have viewed copyright written material please use our Contact Us section located at the bottom of every page via email directed to the Infringement department.

 

Third Party Copyrights

Youshh complies with copyright law and it is expected that all users do the same. Youshh can suspend/terminate accounts that infringe or are believed to be infringing the rights of copyright holders. If your account is terminated for this reason, you shall not re-attempt to register as a new user.

If any violation of intellectual property, right to privacy or any other law claimed by a third-party occurs, Youshh has the right to disclose your identity to the third-party.

 

Copyright Infringement Contact Process

We respond to all notices of alleged copyright infringement. If you are a copyright rights owner (or act on behalf of the rights owner) and believe that Content on the Service has infringed upon your rights, the following process should be followed.

Contact us using our Contact Us section located at the bottom of every page via email directed to the Infringement department.

With a written notice (subject line ‘Copyright Claim’), which states:

  • That you are either the rights owner or are permitted to act on behalf of the rights owner.
  • That the information in the complaint is accurate, true and in good faith.
  • That you have recognised material on Youshh which has infringed your copyright (or has infringed upon the copyright of the third-party you are permitted to act on behalf of) and you have reasonable grounds to believe that the use of the material in complaint has not been permitted by the law, you or the rights owner.
  • A description of how the copyright Content has been infringed upon.
  • A description of the infringed upon material, containing the type of material (e.g. photo, graphic or audio sound). The description should also include details such as the date of publication and the title of the Content.
  • Sufficient information to allow us to locate the material in complaint on Youshh, including URL, date viewed on the site and a screenshot of the material.
  • Your contact information such as name, telephone number, email address (your contact details will be provided to the infringer in question so they can contact you directly as to attempt to resolve your complaint in an amicable fashion).
  • Your signature, which may be either electronic or a scanned physical copy.

This procedure is regulated by law. False allegations of Content copyright infringement or complaints sent to us in bad faith will not be tolerated and may be investigated.        We suggest that you take legal advice if you are unsure about your rights in the Content, unsure if your rights have been infringed and before sending a copyright infringement notice to us.

 

Counter Copyright Infringement Contact Process

Should you think we have wrongly removed your Content, you may contact us using our Contact Us section located at the bottom of every page via email directed to the Infringement department.

(subject line ‘Copyright Counter Claim’) stating the following:

  • Information regarding the Content that we removed/disabled access to.
  • Adequate information allowing us to locate the Content on the site, containing URL and a screenshot.
  • A testimony stating that, and why, you have reasons to believe that the Content in question was wrongly removed/disabled.
  • Your contact information such as name, telephone number, email address so that we can respond.
  • A statement of permission that you consent to be contacted by the person/authorised person who originally filed with us the copyright infringement notification.

 

Ownership

Ownership rights are not claimed by Youshh to any Content submitted to the site. Your Content remains yours; you are free to post it on other platforms.

By uploading Content to the Service, you grant to Youshh a worldwide, non- exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The licences granted by you continue until the Content is removed from the Service.

 

Content Rights Granted By You

You acknowledge and agree that you are the owner of all of your Content, or that you have all the necessary permission and rights to grant Youshh the license rights to your Content under these Terms and Conditions. You also accept responsibility for your Content in that it has not infringed or violated a third-party’s intellectual property rights, rights, publicity, privacy or violated laws/regulations.

 

Content Rights Granted By Youshh

Bound by these Terms, Youshh grants you a non-exclusive, limited, non- transferable, non-sublicensable licence to watch, exhibit, replicate and present the Content only in accordance with these Terms and Conditions, and not for business-related purposes.

 

Indemnification

You will indemnify and protect innocent Youshh and its directors, employees and affiliates from and against all third-party actions that:

  • Occur from your usage of/on the Service.
  • Proclaim your violation of any of these Terms and Conditions.
  • Proclaim any Content that you provided on Youshh breaches any law or any third-party right (e.g. copyright, trademark or privacy right).

 

Removing Your Content

You may remove/delete your Content from the Service at any time. If for any reason, any of your Content may not be completely removed from the Service i.e. comments or messages, Youshh is not responsible or liable for failure of removal of any of your Content. You must remove your Content if you no longer have the rights required by these terms.

 

Removal of Content By Youshh

If we reasonably believe that any Content is in breach of this Agreement, or may cause harm to Youshh, its Users, or third parties, we may remove or take down some or all of such Content. In such cases, we will inform you with the reason for our action unless we have reasonable grounds not to do so.

 

Account Suspension and Termination

Termination by You

You may stop using the Service at any time. You can remove your Youshh account from the Service through deleting your Youshh account and removing your data from the Service.

 

Termination and Suspension by Youshh

Youshh may suspend or terminate your access to all or part of the Service and your Youshh account if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, Youshh or our Affiliates.

Youshh may terminate your access to all or part of the Service if Youshh reasonably believes that its provision of the Service to you is no longer commercially viable.

 

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Youshh unless we have reasonable grounds not to do so.

If your Youshh account is terminated, you may continue using certain aspects of the Service (such as viewing only) without a Youshh account, and this Agreement will continue to apply to such use.

 

Advertising Revenue

Payment to You

Payment will be received related to the number of valid impression ads displayed on your Content, subject to these Terms and Conditions. When Youshh determines that your Content has remained in line with these Terms and Conditions, the number of valid impressions/adverts displayed on your Content will be processed and confirmed by Youshh. Youshh will then subsequently issue payment.

As long as Terms and Conditions are followed, Youshh will issue payment into your bank account at the end of the calendar month following the previous calendar month’s advertising revenue as long as the applicable payment threshold of £50 has been met or exceeded once Youshh have taken their percentage of the advertising revenue attached to your content.

Any balance reflected in your account below the applicable payment threshold of £50 will remain unpaid.

Payment to you of your advertising revenue may may be delayed or withheld if Youshh is investigating your non-compliance with any of these Terms and Conditions, or if you have been suspended/terminated. It is your responsibility to provide us with up-to-date and accurate contact and payment information within your account.

Furthermore, under this Agreement:

  • Youshh may offset and/or withhold any current/future payments owed to you against any fees you owe us under these Terms and Conditions.
  • You may be required to refund Youshh any prior overpaid amounts that we may have overpaid you previously within 30 days of any invoice sent to you.
  • It is your responsibility to cover any bank charges made to you by your payment provider.

Youshh does not allow any third-party payment arrangements made by you, where such a third-party receives payment or financial benefit resulting from your revenue earned via the Service.

Youshh’s accounting calculates payments and under these Terms and Conditions, you accept and agree that payment to you can only be made once Youshh has received payment for such services used. You are not entitled to be paid for any associated use of the Service if Youshh has not received payment from an advertiser, if an advertiser defaults on payment to Youshh or if Youshh is required to reimburse and advertiser.

If Youshh determines invalid activity on your account, Youshh has the right to adjust or withhold any payments to you to exclude these amounts. Invalid activity includes but is not limited to:

  • Spam, clicks, impressions, queries, conversions that are invalid or have been deemed as void. Or, any other illicit events on ads which have been performed by any person, bot, automated program, or similar method, including through means mentioned above, or other events/ irregularities originating from your IP addresses or computers that are under your control.
  • Invalid clicks, impressions, queries, conversions, or other events that have been generated by payment of money, falsely represented, or requests made to users to take action or click on ads or any other associated irregularity.
  • Ads displayed to users who have disabled JavaScript within their browser settings, or who are interfering with ad serving/measurements by other means.
  • Any click, impression, query, conversion, or other event occurring on a property that does not comply with the Youshh Terms and Conditions/ policies or on a property associated with another Youshh account used by you.
  • In the event of any intentional misconduct, any account with significant invalid activity as described above, and in the event Youshh detects any such misconduct, either prior or post issue of payment for that misconduct, Youshh has the right to debit your account and alter potential future payments appropriately for all invalid/void activity (e.g. clicks, impressions, queries, conversions or other events).

You acknowledge and agree under the Terms of this Service, you will not be entitled to receive any payment where Youshh has had to refund some or all of the advertiser’s payment associated with a publisher’s account (i.e. your account).

If you have any general questions regarding payment to you from Youssh, please contact us on our Contact Us section located at the bottom of every page via email directed to the Payment department.

with the subject line as ‘Payment Question’. If you are contacting us with a payment query, please use the subject line ‘Payment Query’.

 

Taxes

As between you and Youshh, Youshh is responsible for all taxes (if any) associated with the transactions between Youshh and the advertisers in connection with the ads displayed on the Content. You are responsible for all taxes (if any) associated with the Service, other than taxes based on Youshh’s net income. Al payments to you from Youshh in relation to the services will be treated as inclusive of tax (if applicable) and will not be adjusted.

 

Other Legal Terms

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contact. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Youshh does not make any specific promises about the Service. For example, we do not make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability or availability; or that any Content you submit will be accessible or stored on the Service. We accept no responsibility or liability for your use of content on the website and such use is entirely at your own risk.

 

Limitation of Liability

You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty, express or implied, in relation to such systems or with respect to the services or any software provided under this Agreement.

We cannot guarantee continuous service, service at any particular time, integrity of date, information or consent stored or transmitted via the Internet. We will not be liable for any unauthorised access to, or any corruption, erasure theft, destruction, alteration or inadvertent disclosure of data, information or Content transmitted, received or stored on any system.

To the extent permitted by applicable law, Youshh and its Affiliates will not be responsible for:

 

For all users:

  • Losses that were not caused by Youshh or its Affiliates’ breach of this Agreement.
  • Any loss or damage that was not, at the time that this Agreement was formed between you and Youshh, a reasonably foreseeable consequence of Youshh or its Affiliates breaching this Agreement.
  • The Content submitted by any user, or for the offensive, or illegal conduct of any user.

 

For businesses:

  • Youshh will not be responsible for lost profits, revenues, or data.

  • Youshh will not be responsible for loss of opportunity or anticipated savings, indirect or consequential loss or damages (in all cases where such losses were foreseeable or not), or wasted expenditure.

 

Severability

If any term/part of these Terms and Conditions is considered to be illegitimate/unlawful, invalid or unfeasible, then that term/part shall be considered severable from these Terms and Conditions. It will not affect the legitimacy and feasibility of the terms/parts that remain.

 

Third-Party Links

Links to third-party websites and online services, not owned by Youshh, may be displayed. Youshh is not liable or responsible for material provided by third-party websites that are linked to or from Youshh, including the use of personal identification information by the third-party site.

 

Contacting us

If you have any questions about the Terms, the Service or the practices of Youshh, please contact us using our Contact Us section located at the bottom of every page via email directed to the Legal department.

 

Effective as of the 9th July 2020