img

Terms of Use

img

Please read these Terms of Use, our Privacy Policy, and our Community Guidelines (collectively, the “Agreement”) carefully before using Yemence.com (the “Website”) and/or the other domains, products, services and/or content offered by Yemence Network. (“Company,” “We,” “Us,” or “Our”). By using or accessing the Services in any manner, you or the entity you represent (“You,” or “Your”) agree that you have read and agree to be bound by and a party to the terms and conditions of this Agreement to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to use the Services. Use of company’s services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.

1. ACCESS TO THE SERVICES

The yemence.com, wishers.net, support.yemence.com, websites and domain names and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. Services include, without limitation, use of the Website, any service Company performs for you and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@yemence.com. You represent and warrant to Company that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. WEBSITE AND SERVICES CONTENT

The Website, the Services, and their contents are intended solely for the use of registered users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website. In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property and proprietary rights) in connection with the Services, the Website, and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company’s Privacy Policy in effect from time to time and located at https://yemence.com/privacy-policy.html. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, User Submissions exclude any of the videos which are or have been uploaded to your YouTube channel, and the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. For clarity, the rights granted in this Section include, but are not limited to, the right: to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, Company, or the Services; to reproduce audio-visual content and sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), publicly perform sound recordings and videos (and the musical works embodied therein), and publicly display any written content uploaded by you to the Services, all on a royalty-free basis. This means that you are granting Company the right to use the User Submissions without the obligation to pay any royalties to any copyright owner (including, without limitation, a publisher, record label or studio), any performing rights organization (a “PRO”, which term includes, without limitation, ASCAP, BMI and SESAC in the United States, and PRS in the United Kingdom), any sound recording PRO (including, without limitation, SoundExchange, Inc.), any unions or guilds (including, without limitation, the American Federation of Television and Radio Artists (“AFTRA”), the Screen Actors Guild (“SAG”), the American Federation of Musicians (“AFM”), or any other engineers, producers or other participants involved in the creation of User Submissions or any element thereof. By uploading User Submissions through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Submissions. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release Company and all of Company’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services. If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload the User Submissions to or through the Services. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings or videos embodying such sound recordings to or through the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to comply with this Agreement. For example, cover songs are not permitted on the Services unless the artist/band has cleared all rights to the song covered by the artist/band. 1. Specific Rules for Musical Works: If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty-free licenses granted by you to Company and users of the Services in this Agreement. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licenses set forth in this Agreement or have such music publisher enter into this Agreement with Company. Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that you have the rights necessary to grant Company and users of the Services the licenses set forth in this Agreement. 2. Confirmation of Rights: Company reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Submissions. If you fail to provide Company with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or terminate your account with Company. We will have no liability to you for any actions taken by us pursuant to this Section. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You agree that you won’t post Content that violates, or otherwise use the Services in ways that violate, Yemence’s Community Guidelines.  which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Community Guidelines.

3. RESTRICTIONS

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

4. WARRANTY DISCLAIMER

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

5. PRIVACY POLICY

For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy at http://yemence.com/privacy-policy.html , which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.

6. REGISTRATION AND SECURITY

As a condition to using the Services, you will be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

7. YOUR GRANT OF RIGHTS TO YEMENCE NETWORK

During the Term, you grant to YemenceNetwork each of the following rights:

  1. The exclusive right (other than YouTube’s independent, direct sales efforts, if any) to sell and represent any and all ad inventory on your Channel;
  2. The exclusive right to sell sponsorship or brand integrations for your Content on your Channel (e.g., placing a product into a video), subject to your written approval in each instance, except that you (but no third party) may also find and sign your own sponsorship or brand integration deals; in those circumstances you will keep all the money from such deals;
  3. The exclusive right to collect all revenues generated from your Channel, including, revenues through Google AdSense, YouTube direct sales, or our direct sales, which revenues we will then share with you as described in Section 10;
  4. The non-exclusive right to distribute and modify (for format and length) your Content to promote your Channel or the YemenceNetwork ; and
  5. The non-exclusive right to use your name and likeness, as well as to display your trademarks and trade names, if any, to promote your Channel or the YemenceNetwork

8. PROMOTING THE YEMENCE NETWORK

In order to show advertisers which channels are part of the YemenceNetwork, you agree to reasonably comply with promotional requests made by us from time to time. These requests may include: a. Placement of the following on your Channel: YemenceNetwork logo or network branding; YemenceNetwork playlist; featured YemenceNetwork channel; video interstitials or end-slates; and b. Cross-promotion of the YemenceNetwork on your Channel: annotations, links, and other cross-promotions which may be implemented by manual or automated means. You may always opt out of such promotions.

9. INDEMNITY

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.

11. FEES, BILLING, AND PAYMENT

Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Currently, access to and participation in Paid Services (other than in connection with an Influencer Plus campaign) are subject to separate written agreements between you and Company, and you shall not be entitled to receive any Paid Services (other than in connection with an Influencer Plus campaign) in the absence of such an agreement. In the event of a conflict between the terms of this Agreement and any such written agreement, the terms of such other written agreement shall control. Any fees paid to Company in connection with this Agreement are non-refundable. Influencer Plus Fees: With respect to each campaign in which you participate through iplus.co (“Influencer Plus”), you will be eligible to receive compensation for videos that you create and upload in accordance with Company’s normal policies regarding producer compensation and payment, and in accordance with any and all payment terms set forth on the Website or in an applicable campaign brief. Notwithstanding anything to the contrary herein or in any other agreement between you and Company, you will not be eligible to receive payment for any videos that you create or other services or content you provide as part of Influencer Plus if you have engaged in any act or omission that violates this Agreement or any other terms applicable to you in connection with the Services or any Influencer Plus campaign, or if you engage in any act or omission that negatively affects Company, the Services, or anyone advertising (or preparing to advertise) through the Services. Company reserves the right to remove content you upload for any Influencer Plus campaign(s) at any time in its sole discretion, and in such event, you will not be eligible for payment for such campaign(s). Payment for Influencer Plus campaigns will be made within sixty (60) days after the end of the month in which the campaign was completed or such other time frame as may be specified on the Website or in an applicable campaign brief. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion.

– You and your Representative individually affirm to us that you and your Representative are authorized to provide the information described in these Terms on your behalf and to bind you to these Terms.

– We may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority. Neither you nor your Representative may register or attempt to register for a User Account on behalf of a user previously terminated from use of the Services without our express written consent.

– If you are a sole proprietor, you and your Representative also affirm that you and your Representative are personally responsible and liable for your use of the Services and your obligations under these Terms.

– YemenceNetwork is prohibited from transacting with individuals, companies, and countries that are on prescribed Sanctions lists. YemenceNetwork will, therefore, screen against European Union, US Office of Foreign Assets Control (OFAC) and other global sanctions lists in all jurisdictions in which we operate.

– All Payment should be paid directly to the beneficiary of the service or their legal representative, you should not use any payment method that’s not registered under your name or your legal representative.

11.1 PAYMENT DISCLAIMER

YemenceNetwork is not respectable for any abuse of payment method and all the payment information that’s provided by the beneficiary should be from the beneficiary himself or for the legal representative for him, and YemenceNetwork should not held reasonable for any acts or harm from abusing to payment method in any way.

12. THIRD PARTY WEBSITES

The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services (“Third Party Policies”) and that you will act in accordance with those policies, in addition to your obligations under this Agreement. To the extent there is a conflict between any term in the Third Party Policies and this Agreement, the term in the Third Party Policies shall take precedence. Company has no control over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website. Company may modify or discontinue your use of, or access to, the Third Party Websites, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website. Except as described below, your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a New Jersey resident, you shall and hereby do waive New Jersey Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Company may, solely on behalf of certain Third Party Websites, process and facilitate payment to you of any amounts owed to you by such Third Party Websites (“Third Party Payments”). By entering into this Agreement, you authorize Company to process and facilitate the Third Party Payments to you. Such payments shall be made within sixty (60) days after Company receives such Third Party Payments from the respective Third Party Website. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion. You acknowledge and agree that Company shall have no responsibility or liability for failure to facilitate the Third Party Payments to you if such failure is due to the respective Third Party Website’s failure to properly remit the Third Party Payments to Company. In the event your use of, or access to, the Services is terminated (whether initiated by you or Company), your use of, or access to, the Third Party Websites shall also cease, and Company shall have no responsibility or liability related to pending Third Party Payments owed to you from the respective Third Party Website. In the event of such termination, you shall be solely responsible for contacting the respective Third Party Website to provide updated contact and payment information such that you would receive such pending Third Party Payments directly from the respective Third Party Website.

13. TERMINATION

Channel partnership:

2 years commencing as of the Effective Date, with automatic renewals for successive 2 year periods unless either party provides written notice of termination to the other party at least 30 days prior to the start of any renewal term.

Regarding Dashboard: You may terminate your use of the Services “Dashboard” at any time. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services “Dashboard” at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Post-Termination: Payments & Licenses: Upon termination of this Agreement for any reason set forth in this Agreement, you will be paid out the remaining funds owed to you in accordance with our normal payment process, unless those funds are attributable to Improper Content, or are de minimis (< US$1), or are, in our reasonable sole discretion, attributable to your fraudulent behavior, or the channel have been terminated or have copyright strikes, community strike, requesting unlink (Remove access) through YouTube “Creator Studio” before the end of the contract will automatically drop your right to collect any revenue that we did not send.
Upon termination of this Agreement and your departure from the YemenceNetwork Network, any licenses or assets YemenceNetwork provided or made available to you (e.g., to its proprietary software or programs, or to third party music compositions, or to any custom design work we provided for your Channel) will automatically terminate and you will have no further rights to use such materials in your Channel or Content.

14. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights here under. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Company products or services exists between you and Company, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

We have the right to stop and seize any payment on your account if we notice any fraudulent behavior, or the channel has been terminated or have copyright strikes, community strike or having more than five videos with third party claims or requesting unlink (Remove access) through YouTube “Creator Studio” was sent before the end of the contract.

15. ARBITRATION; GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Clifton, New Jersey, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of New Jersey.

16. COPYRIGHT DISPUTE POLICY

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Company’s policy: 1. To remove or disable access to the infringing material; 2. To notify the content provider, member or user that it has removed or disabled access to the material; and 3. That repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion. Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: info@yemence.com

17. CONTACT (QUESTIONS OR CONCERNS)

If you have any questions, complaints, or claims with respect to the Services, you may contact us at: Email: support@yemence.com

18. YOUR CALIFORNIA AND CCPA PRIVACY RIGHTS AND DISCLOSURES

This California Privacy Rights and Disclosures section addresses legal obligations and rights laid out in the California Consumer Privacy Act, or CCPA. These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”). The information contained in this section applies to California Information collected and used by YemenceNetwork If you are a California resident interested in the rights that the CCPA grants to you, please review the following sections.

18.1 California Information We Collected and Shared

This section provides the information California residents need to exercise their rights over their California Information. Here is information about the California Information we have collected from and shared about consumers over the twelve months prior to the Effective Date of this Privacy Policy.

California Information We Collected

In the year before the date this policy was issued, we collected the following categories of California Information:

  • Address and other identifiers – such as name, postal address, zip code, email address, account name, Social Security number, driver’s license number, payment card numbers, passport number, or other similar identifiers
  • Unique and online identifiers – such as IP address, device IDs, or other similar identifiers
  • Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
  • Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Professional or educational Information
  • Biometric information
  • Video footage (e.g., CCTV); Audio recordings; Photographs; Calendar information
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • In game or online viewing activities (e.g., videos viewed, pages viewed)
  • Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

We collected these categories of California Information for the following purposes:

  • Performing services on behalf of the business, such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
  • Auditing customer transactions
  • Fraud and crime prevention
  • Debugging errors in systems
  • Marketing and advertising
  • Internal research, analytics and development – e.g., user-preference analytics
  • Developing, maintaining, provisioning or upgrading networks, products, services, or devices.

We obtained California Information from a variety of sources, including:

  • Directly from you, including technical and usage information when you use our Sites
  • Linked sites, such as Social Media Sites, and third-party platforms
  • Information suppliers
  • Distributors and other vendors
  • Marketing mailing lists
  • Other users submitting California Information about you, such as to invite you to participate in an offering, make recommendations, or share content
  • Publicly available sources.

California Information We Shared

In the year before the date this policy was issued, we shared these categories of California Information for operational purposes with providers who provide services for us, like processing your bill:

  • Address and other identifiers – such as name, postal address, email address, account name, Social Security number, driver’s license number, payment card numbers passport number, or other similar identifiers
  • Unique and online identifiers – IP address, device IDs, or other similar identifiers
  • Commercial information – such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Professional or educational Information
  • Biometric information
  • Video footage (e.g., CCTV); Audio recordings; Photographs; Calendar information
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • In game or online viewing activities (e.g., videos viewed, pages viewed)
  • Inferences drawn from California Information, such as individual preferences, characteristics, behaviors.

The California Consumer Privacy Act defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value. According to this broad definition, in the year before the date this policy was issued, we also sold the following categories of California Information:

  • Address and other identifiers – such as name, postal address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers
  • Unique and online identifiers – IP address, device IDs, or other similar identifiers
  • Commercial information – such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

18.2 Your California Privacy Rights to Request Disclosure of Information We Collect and Share About You

If you are a California resident, California Civil Code Section 1798.83 permits you to request information about our practices related to the disclosure of your personal information by certain members of the YemenceNetwork. You may be able to opt-out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please send your request (along with your full name, email address, postal address, and the subject line labeled “Your California Privacy Rights”) by email at support@yemence.com.

In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:

  • The categories and specific pieces of your California Information that we’ve collected
  • The categories of sources from which we collected California Information
  • The business or commercial purposes for which we collected or sold California Information
  • The categories of third parties with which we shared California Information.

You can submit a request to us for the following additional information:

  • The categories of third parties to which we’ve sold California Information, and the category or categories of California Information sold to each
  • The categories of California Information that we’ve shared with service providers who provide services for us, like processing your bill.

To exercise your CCPA rights with request to this information,contact us at support@yemence.com. These requests for disclosure are generally free.

18.3 Your Right to Request the Deletion of California Information

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

To exercise your right to request the deletion of your California Information, either visit here or contact us toll free at 833-927-7829 or 833-PRVCY-TT (TTY). These requests are generally free.

18.4 Your Right to Ask Us Not to Sell Your California Information

You can always tell us not to sell your California Information by visiting here.

Once we receive and process your request, we will not sell your California Information unless you later allow us to do so.

18.5 Do Not Track Notice

We do not currently take actions to respond to Do Not Track signals and similar signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

See the Your Choices section to learn how to control data collection for certain purposes.

18.6 Our Support for the Exercise of Your Data Rights

We are committed to providing you control over your California Information. If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.

18.7 Consumers Under 16 Years Old

CCPA has specific rules regarding the use of California Information from consumers under 16 years of age. In particular, consistent with the CCPA, if we have the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so. If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission.

If you would like further information on how we handle California Information from consumers under the age of 16 years of age, or if you have questions about these information practices, you may contact us at support@yemence.com or at Watan Group Network LLC, PO Box 4790 Clifton, NJ 07015, USA.

19. LEGAL DISCLOSURES

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of the Company, our users, personnel, or others. We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

Last Updated: 07/02/2019