Publisher Terms of Service & Agreement
All Publishers and/or Distributors (individually and collectively the "Publisher") who offer video streaming through the platform found at Youwaves.com and related domains, subdomains, mobile and desktop applications, as well as OTT TV applications (individually and collectively the "Publisher") are subject to these Publisher Terms of Service and Youwaves's Terms of Service, which can be found at https://youwaves.com/terms-of-service. The Publisher's use of the Services, as supplied by Youwaves – Product of AppJunction LTD. (the "Youwaves"), is governed by these Terms. This includes, but is not limited to, all functionality, features, streaming capabilities, user interfaces, and all material and software linked to the Services.
The following terms of service apply to the marketing, selling, and distribution of the Publisher's video library through Youwaves's white-label video distribution platform (the "Services").
By using the Services, you acknowledge and agree to these Publisher Terms of Service and Youwaves's Terms of Service, as well as your right to use the Services. You are not permitted to access or use the Services if you do not accept to be bound by and comply with all such terms and conditions.
The Publisher Terms of Service and Youwaves's Terms of Service may be modified, added to, or removed by Youwaves at any time and for any reason. Any modifications to the Publisher Terms of Service and Youwaves's Terms of Service shall take effect as soon as they are posted. You acknowledge that you should periodically check the Publisher Terms of Service and Youwaves's Terms of Service and that your continued use of the Platform and Services after any changes thereto constitutes your acceptance of the modifications.
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOUWAVES DOES ITS BEST TO FIX BUGS & UX ISSUES IN A TIMELY MANNER WHEN REPORTED APPROPRIATELY TO OUR TECHNICAL SUPPORT TEAM. WE WILL NOT PROVIDE GUARANTEES OR TIMELINES ON BUG OR ISSUE FIXES. YOUWAVES CANNOT BE HELD LIABLE FOR PERCEIVED LOSS OF REVENUE DUE TO ANY BUGS OR ISSUES WITH THE PLATFORM; PUBLISHERS USE THIS PLATFORM ON AN AS-IS BASIS. YOUWAVES RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER YOUWAVES DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE. YOU HOLD THE RIGHT TO CANCEL YOUR ACCOUNT AT ANYTIME IF YOU ARE NOT HAPPY WITH THE SERVICE AS PER TERMS OUTLINED IN THESE TERMS.
ALL YOUWAVES FEES ARE FINAL. THERE ARE NO REFUNDS FOR ANY MONTHLY FEES, PLATFORM FEES, OR DEVELOPMENT FEES PAID TO YOUWAVES.
If your contract with Youwaves is month-to-month, either party has the right to discontinue service at any time with 30 days' notice. All data and access are deleted from our systems at the conclusion of the 30-day notice period once the account is ended. The amount of the last payment required will be prorated depending on the date of cancellation if notification is not made at least 30 days before the end of your billing term.
Unless otherwise specified in another agreement or order form, if you and Youwaves have an annual term agreement, any party may terminate the auto-renewal of the agreement with at least 30 days' notice before the term renewal date. You will be switched over to a month-to-month arrangement if your contract does not automatically renew and expires at the end of its term. Accounts with Youwaves Plus require a term contract that is arranged with our sales staff.
duration contracts are effective for the whole duration specified in the contract. If you are invoiced on a monthly recurring schedule and desire to cancel service before the agreed-upon termination date, you are responsible for paying Youwaves the outstanding platform fee amount due.
Youwaves is the quickest white-label video streaming and OTT solution created to enable content producers, media organizations, and business owners to start and run their own on-demand streaming (VOD) services. The system is comprehensive and covers video encoding, streaming, and revenue generation. Multiple revenue strategies, flexibility, scalability, and support for more than 50 geographic CDNs are just a few of the things that Youwaves has to offer. For companies who wish to start their own VOD service without the effort of setting up and maintaining the infrastructure, it is a smart alternative.
Youwaves offers completely free assistance in setting up your OTT and IPTV system. You may launch on all devices as soon as possible with fully White-label and branded apps for Android, iOS, Apple TV, Android TV, LG Webos, Samsung Tizen, Amazon Firestick, Roku, and many more. Youwaves focuses on one thing: assisting our clients in succeeding by letting them concentrate on their businesses while we take care of the technology.
Youwaves has a built-in cross-monetization feature that enables our users to make money simultaneously through SVOD, TVOD, and AVOD. In order to streamline the workflow of content acquisition, we also offer a partner management and revenue-sharing system that is included out of the box.
Youwaves offers an on-premises solution with customized infrastructure and CDN as well as a SAAS model that allows you to go live in a matter of seconds.
Publisher acknowledges that any data or materials posted are done so willingly, at their own risk.
Youwaves makes no assurances or warranties, either stated or implied, about the amount of payment or the existence of any payout to publishers, the efficacy of the services provided, or the likelihood that publishers will find the services useful, beneficial, or appropriate for their own needs.
THE SITE, TOOLS, PLATFORM, APPS, ANALYTICS DATA AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, AND AGENTS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, TOOLS, ANALYTICS DATA AND SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, COMPANY DISCLAIMS ANY WARRANTIES THAT YOUR USE OF THE SITE, TOOLS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY: (a) DIRECT DAMAGES, (b) LOSS OF REVENUE, PROFITS, REPUTATION OR GOODWILL, (c) LOST OR CORRUPTED DATA OR ANALYTICS DATA, WEBSITE OR APPLICATION FAILURE, COMPUTER FAILURE OR MALFUNCTION, (d) INTERRUPTION OF BUSINESS, (e) UNAVAILABILITY OF THE SITE, TOOLS, OR SERVICE, (f) BREACH OF DATA, SYSTEM, OR SERVICE SECURITY, (g) BUGS, VIRUSES, TROJAN HORSES, OR OTHER SIMILAR ERRORS OR VULNERABILITIES THAT THE SITE, TOOLS OR SERVICE INCLUDES OR CAUSES, OR (f) OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE TERMS SHALL BE: THE REPLACEMENT OF THE SERVICE, OR REFUND OF AMOUNTS PAID BY YOU FOR THE TOOLS OR SERVICE, IN COMPANY’S SOLE DISCRETION. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND FOR ACTIONS OF COMPANY’S AFFILIATES, SERVICE PROVIDERS, OR AGENTS.
Except for planned downtime for things like support and maintenance, which will be scheduled, to the extent possible, during low volume hours, and any unavailability caused by a force majeure event such as an act of God, an act of government, a flood, a fire, an earthquake, civil unrest, a terrorist attack, a strike or other labor issue, or an Internet service provider failure or delay, Youwaves will use commercially reasonable efforts to make the Services available 24/7. Any suspension or termination of the Services due to a force majeure occurrence is not the responsibility of Youwaves.
Publisher should get and maintain a connection to a high-speed Internet service and the necessary browser software.
Unless otherwise specified, short text stating "powered by Youwaves" will be shown at the bottom of all templates created using Youwaves.
Publisher shall refrain from publishing or engaging in communications that are false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, or that otherwise encourage behavior that would be illegal, give rise to civil liability, violate or infringe on the rights of third parties, violate or infringe on any law or regulation, including but not limited to laws or regulations pertaining to intellectual property rights, or harm or threaten any person
Youwaves has the exclusive right to impose any restrictions on who may use the platform or what may be posted there. Youwaves maintains the right to evaluate business self-serve accounts (basic, growth) and impose restrictions on them.
It's forbidden to post materials that:
· Underage pornographic
· Exploits or puts in risk children.
· Is hateful, discriminatory, or slanderous toward anybody or any group.
· Harasses or abuses any person or group in any way.
· Encourages or backs terrorist or hate organizations.
· If applicable laws are broken.
· Contains details or instructions on how to put together explosives.
· Encourages questionable or dishonest business plans or suggests illegal transactions.
· Depicts violent crimes that are extremely illegal.
· Exemplifies or promotes self-harm.
· Shows severe brutality or cruelty toward animals.
· Violates any copyrights or other rights of a third party (such as trademark or privacy rights, etc.).
In the event that client content violates the rules of the relevant restricted business lists, Youwaves maintains the right to impose access restrictions on Youwaves payment processors.
All final decisions about who may use or what is published on the Youwaves platform are made by Youwaves.
Please be sure to read our thorough explanation of the Content Restrictions policy here to understand more about the content that is prohibited on Youwaves.
Publisher thus allows Company permission to keep, transcode, and change the information it has submitted in order to make it compatible with the Platform (Encoding, Streaming, Encryption, Security & Delivery).
It is the publisher's duty to disclose age policy information and guarantee adherence to age limitations.
Publisher guarantees and declares that it has the necessary rights, power, and authority to enter into this Agreement and to carry it out, and that it won't give any third parties any rights that would conflict with or derogate from the ones provided here.
Publisher guarantees and states that there are no oral or written agreements that might hinder fulfilling its responsibilities or granting rights under this Agreement in any manner.
Publisher guarantees and certifies that all Publisher Content uploaded by Publisher is original, fully owned by Publisher, subject to valid licenses, or in the public domain and does not infringe, violate, or conflict with any third-party rights. Any Content that Youwaves believes violates the copyright of another person may be removed. Under the wrong conditions, Youwaves has the authority to delete content or suspend the accounts of users who violate copyright. Youwaves should be notified of any claimed copyright violations by email at https://youwaves.com/contact.
You can submit Youwaves a counter-notice if you sincerely feel that a copyright infringement notice has been issued against you in error.
· Your name, address, and contact information;
· The URL of the content's original source;
· A declaration that you believe the content was deleted in mistake under penalty of perjury; and
· A declaration that you will accept service of process from the person who filed the first complaint and that you consent to the jurisdiction of the court where your address is situated.
Nothing in this Agreement may be interpreted as transferring or assigning to Company any rights or ownership in and to the Publisher's Content in any way other than what is expressly stated below.
The publisher is solely responsible for maintaining a copy and backup of any films and content published to the Youwaves platform. Youwaves employs a variety of CDNs and cloud storage providers to store its movies and content securely. Youwaves disclaims all responsibility and liability for any videos or material that is lost on the Youwaves network and is solely the publisher's obligation to re-upload and restore in the event of any loss of data for videos or content posted to Youwaves.
The publisher must maintain a backup of all files posted to Youwaves since after a file has been encoded, Youwaves will not enable the publisher to download or recover the original file that was uploaded to Youwaves. The publisher is in charge of making all necessary backups of the videos.
Global CDNs are used to transmit live content in order to provide the greatest experience. For distribution, live streaming is automatically encoded at many bit rates. We strive to provide the greatest live streaming experience for you and your viewers. We cannot provide a guarantee for the services of third-party CDNs used for live streaming because they are outside of our control. This also applies to auto-archive and live recording; while we try to do so for all live streams, we cannot promise that it will happen.
Migrations - For Growth Plans and above, Youwaves offers content and customer migrations as a free service. Youwaves is not responsible for any problems that occur during the migration or afterward. They are also not responsible for errors of any sort that are connected to the migration or occur as a result of the migration. In the course of and during the migration process, Youwaves is not responsible for any data, user, or customer loss. By using Youwaves for migration services, you accept all risk and are not permitted to hold Youwaves accountable in any way for alleged losses in sales or clientele.
For accessing or viewing Publisher's Content, Youwaves will charge all fees in a manner and using methods of its choosing.
Depending on the plan selected on the website https://youwaves.com/pricing, the Publisher receives money either monthly or annually.
All Youwaves fees, unless specifically stated otherwise in another agreement, are subject to modification at any moment.
Youwaves has the right to withhold all payments made through Youwaves Payments processors and to immediately deduct all fees owed to Youwaves from these sources if your fees are past due (7 days past the due date).
Youwaves maintains the right to completely terminate your account, erase all of the data connected to it, and remove it from our servers if the fees owed to us are more than 14 days overdue.
Only accounts with active balances are eligible to upgrade their accounts and receive access to new services. Before account upgrades are approved, all past-due payments must be paid.
Youwaves offers a variety of benefits for OTT businesses and individual content creators who want to launch their own video streaming Platform. Here are some of the key benefits of using Youwaves:
Instant launch: Youwaves is a turnkey solution, which means you can launch your video streaming service in minutes. There is no need to build everything from scratch, which saves you time and money.
Cost-Effective: Developing a streaming platform from scratch & manage infrastructure can be expensive and time-consuming. Youwaves offers a cost-effective solution that significantly reduces development time with ZERO CapEx.
Transparent pricing: Youwaves offers transparent pricing with no hidden fees. You know exactly what you are paying for, which makes it easy to budget for your video streaming service on monthly bases.
All-inclusive platform: Youwaves is an all-inclusive platform, which means it includes everything you need to launch and manage your video streaming service. This includes video transcoding, video delivery, content management, analytics, and more.
Data-Driven Decision Making: The advanced analytics provided by Youwaves empowers businesses to make data-driven decisions, optimizing content offerings and marketing strategies.
Purpose-built OTT solution: Youwaves is a purpose-built OTT solution, which means it is specifically designed for content streaming. This ensures that your video streaming service will be reliable and scalable, even if you have a large number of users.
Customizable features: Youwaves offers a variety of customizable features, which allows you to create a video streaming platform that meets the specific needs of your business or organization. This includes the ability to change the branding, the content, and the pricing.
Plugins & Modules: Based on an Open-source Product (Clipbucket - Launched by the same owners), Youwaves has a built-in plugin system that our users can create to enhance its capabilities.
Free trial: Youwaves offers a free trial, which allows you to try out the platform before you commit to a paid plan. This is a great way to see if Youwaves is a good fit for your needs.
Technical Support: Launching and maintaining a streaming service can be complex. Youwaves offers technical support to assist clients with setup, troubleshooting, and ongoing maintenance, ensuring a smooth operation.
Publisher is not allowed to use or disclose any information regarding Youwaves or its business to a third party, excluding material that is already in the public domain.
Transactional data gathered through the Services is considered Confidential Information, and the Company agrees to keep it strictly confidential and not to divulge it to any third parties unless necessary for Youwaves to comply with any applicable law or regulation or a court order.
Publisher is not permitted to transfer or assign these Terms of Service or any rights granted herein.
Without respect to principles of conflicts of law, these Terms of Service shall be governed by and interpreted in accordance with the laws of the UK applicable therein. Publisher thus irrevocably submits to the exclusive and exclusive jurisdiction of the UK courts in any legal proceeding arising out of or relating to these Terms of Service or its subject matter. Publisher hereby waives any objection to any such action based on lack of personal jurisdiction, location of abode, inappropriate forum, or forum non-convenience.
Nothing in this Agreement is intended to create or will be interpreted as forming a principal-agent relationship between users and Youwaves or a joint venture, partnership, employer-employee, or employer-employee relationship.
The remaining terms of this agreement will still be in full force and effect if any court of competent jurisdiction rules that any provision of these terms is illegal or unenforceable in any way. If this happens, the invalid or unenforceable provision will be enforced to the fullest degree allowed by law.
Nothing in these Terms of Use should be interpreted as creating a joint venture, partnership, agency, or employer/employee relationship between Publisher and Youwaves as they are both independent contractors.
Unless an express written waiver is issued by the party in question and is signed by a duly authorized representative, the failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of that right or claim and shall have no bearing on that party's right to later enforce or exercise it.
Publisher agrees to the use of electronic records to retain data pertaining to these Terms of Service and electronic methods to convey any notices required by this Agreement.
This Agreement does not grant any rights to any other parties, unless otherwise specifically stated herein. It solely establishes responsibilities and rights between Youwaves and any individual Publisher who accepts this Agreement.
This Terms of Use replaces any and all prior or contemporaneous oral or written agreements about its subject matter. It represents the full understanding of the parties with respect to its subject matter.
Publisher gives Youwaves permission to utilize Publisher's name as a Company customer on its website and social media platforms including Facebook, Instagram, Twitter, and YouTube, as well as to reuse any photos and videos published by Publisher on Youwaves's social media platforms and website.
We do not give prorated refunds if you cancel before your renewal date; invoicing is always month-to-month, unless otherwise specified in your agreement.
While we make every effort to assure accurate statistics, none of the user, video, on-demand, watching, watch time, interaction, or live streaming metrics are guaranteed to be accurate, available, or retained. We now only offer statistics for websites, mobile browsers, and mobile applications; however, we are aiming to integrate TV apps in the near future.
Youwaves has the right to modify and adjust packages and plans, which may have an influence on the features and costs associated with your account. If you have a month-to-month contract with Youwaves, the features and costs are always subject to change.
By using the website, you agree to our privacy rules, which are available at https://youwaves.com/privacy-policy.
This Agreement is effective the first time you use our services and is in effect for the duration of that use or, if longer, the time that you have an account with us.
Youwaves reserves the right, in the event that you violate this Agreement, to take any of the following actions at its discretion: (a) immediately terminate this Agreement with or without prior written notice; (b) suspend, delete, or restrict access to your account or any content therein; and (c) to the extent permitted by applicable law, retain any amounts due to you (which you forfeit). You cannot register for Youwaves's services if your account has been deleted by the company due to a breach.