Terms of Service

The following Terms of Service ("TOS") governs all use of the Youreeeka Services as well as Producer, Member and Affiliate Accounts, your use of online video/audio/image/text submissions (“Content”), the Youreeeka Embeddable Player (“YEP”), the Youreeeka Content Network (“YCN”) and are between you (“Producer,” “Member” and/or “Affiliate”), and Youreeeka. These TOS constitute a legal agreement that governs your use of the Youreeeka Public Beta Service or any Service thereafter (“Service”) and informs of Youreeeka’s Privacy Policy. Any use of the Service will signify your agreement to be bound by these TOS as well as your acceptance and acknowledgement that Youreeeka reserves the right to change these TOS at any given time. Youreeeka may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. The most recent copy of the Producer TOS can be found on the Producers Terms Of Service page. If you do not agree with these TOS please do not proceed. Print or otherwise save a copy of these TOS for your records.

As used in this Agreement, ("Producer") means the Content Owner, ("We") means Youreeeka and ("You") means the Producer, Member and/or Affiliate. (“Site”) means a World Wide Web site, blog or social networking site, and, depending on the context, refers to any of the URLs associated with us or any of Youreeeka’s Programs, or to any site that you will link to our site. Youreeeka Embeddable Player (“YEP”) refers to the Youreeeka Player and includes the embeddable code, Youreeeka images and links that signify your Affiliation with Youreeeka. Youreeeka Content Network (“YCN”) refers to the complete collection of videos being sold through the YEP on any given website, including, the Content Network located on Youreeeka’s website.

To be considered a Member, one must create a Member Account with Youreeeka. To be considered a Producer, a content owner must register as a Producer with Youreeeka. Producers are automatically given Member privileges (purchasing Content in the YCN) and have the option to become a Youreeeka Affiliate. In these TOS Producers are referred to as “Producer,” “Member” and “Affiliate” while Members are referred to as "Member" and/or "Affiliate."

1. Legal Authority

To register with Youreeeka you: i) must be at least 18 years of age if you wish to be a Producer, ii) must be of legal age to form a binding contract or have parental/guardian permission to view/purchase/embed Content, and iii) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By creating an Account with Youreeeka, you represent that you agree to these TOS and that you understand and agree to the foregoing.

2. Software Requirements

To enjoy Content powered by Youreeeka, please note the following:

  1. Youreeeka recommends using the latest version of Flash. Please click here to download the latest Flash player

  2. The Youreeeka technology is optimized for Firefox 3.0 or above, you can download it for free here. We also support, with some limited functionality, Firefox 1.5 or above, Safari 2.0 or above, and Internet Explorer 6.0 or above

  3. JavaScript and Cookies must be enabled

  4. Microsoft Windows XP SP2, Microsoft Windows Vista, Macintosh OS X or Linux

  5. In addition, you will need an Internet connection with sufficient bandwidth. We recommend viewing via T1, DSL or cable modem

Our base video streams at 400Kbps with our HQ version (if offered) streaming at 1,000Kbps. We recommend an Internet connection with a downstream bandwidth of 1,000Kbps or higher for the smoothest playback experience.

The items listed above will change over time and Youreeeka advises you to check these TOS regularly to ensure an optimum viewing experience.

3. Acknowledgement of Beta

You understand and acknowledge that the Service is being provided as a "Public Beta", and is made available on an "AS IS" and "AS AVAILABLE" basis for the purpose of providing Youreeeka with feedback on the quality and usability of the Service. The Service may contain errors, design flaws or other problems. Youreeeka is constantly innovating in order to provide the best possible experience for its users and shall have sole authority and discretion to determine the period of time for testing and evaluation of the technology.

In the beta phase of our technology we will endeavor to track all Affiliate/Member activity accurately, but as we are constantly upgrading our technology and report generating procedures, we cannot be responsible for any unintentional errors in Affiliate/Member sales tracking.

4. Feedback

As part of using the service, Youreeeka will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. To submit feedback, please email feedback@youreeeka.com. Youreeeka will be free to use any feedback you provide for any purpose.

5. Youreeeka Content Network Guidelines

Youreeeka will not accept Content that includes the following:

  1. Exploits people in a sexual, violent or other inappropriate matter

  2. Provides information that is false or misleading

  3. Promotes illegal activities, or conduct that is abusive, obscene, libelous or defamatory

  4. Nudity or violence of offensive subject matter

  5. Promotes discrimination, racism, hatred or physical harm against any individual or group

  6. Provides any telephone numbers, street addresses, last names, URLs or email addresses of any third parties who have not given consent to do so

  7. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, worms, spyware or other harmful files (“Viruses”)

  8. Torturous or criminal activity, including: fraud, child pornography, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of Viruses, copyright infringement, patent infringement, or theft of trade secrets

  9. Is otherwise deemed unsuitable for the YCN

Individuals or entities who participate in the following activities will be subject to Account termination:

  1. Selling or otherwise transferring your Account

  2. Using the Account, username, or password of another Producer/Member at any time or disclosing your password to any third party or permitting any third party access to your Account

  3. Using any information obtained from the Youreeeka Services in order to harass, stalk, abuse, or harm another person

  4. Using the Services in a manner inconsistent with any and all applicable laws and regulations

Youreeeka reserves the right to investigate and take appropriate legal action against anyone who, in Youreeeka’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

You agree to indemnify Youreeeka for any copyright infringement and agree that Youreeeka may remove any Content where those rights are in question.

Continued submission of inappropriate Content from a single Producer will result in cancellation of said Producer’s Account without reimbursement of any fees.

6. Payment and Producer Fees

You acknowledge and agree that any credit card and related billing and payment information that you provide to Youreeeka may be shared by Youreeeka with companies who work on Youreeeka’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to you or Youreeeka and servicing your Account.

Youreeeka charges Producers set up and annual renewal fees which are specified to the Producer upon registration. Said fees will be charged to the Producers credit card provided upon registration. Youreeeka reserves the right to change its fees from time to time at its own discretion. In order to receive payment for content sales, your Producer Account must be current. Failure to keep your Producer status current will result in the termination of this agreement and will result in the forfeiture of your content sales proceeds. If Youreeeka terminates your Producer Account because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees.

7. Your Youreeeka Account

To upload your Content and access Producer Tools, a Youreeeka Producer Account must be created. By successfully creating your Producer Account, you agree to the set-up and annual renewal fees which will be charged to your provided credit card. Once you have successfully created your Producer Account, you are automatically granted not only Producer privileges, but also Member privileges as well which include the ability to purchase Content and participate in the Affiliate Program. Your use of the Membership and Affiliate Program are governed by these TOS.

If you do not intend to become a Producer but want to purchase and share videos, then you will need to create a Member Account. You acknowledge and agree that any credit card and related billing and payment information that you provide to Youreeeka may be shared by Youreeeka with companies who work on Youreeeka’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Youreeeka and servicing Accounts.

The payment gateway provides you with easy, one-click purchasing ability for any product offered in the YCN. You are responsible for all activity that takes place on your Account. Choose a strong password for your Account and do not reveal your password to others. You agree that you are responsible for keeping your password and Account information confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Account.

Youreeeka hereby grants Producers permission to use their Producer Account and Producer Tools, provided that: i) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., ii) you will not transmit any Content which contains software viruses, or harmful computer code, files, or programs; iii) you will not disrupt servers or networks connected to Youreeeka; and iv) you comply with these TOS.

As a Producer, your use of the Youreeeka Services signifies your consent for Youreeeka to use your name and/or Content in advertisements, blogs and any other manner that promotes Youreeeka and the Content distributed through the YCN.

As a Producer, your products can be affiliated on an individual basis by simply providing an Affiliate percentage rate for that product. By default, Youreeeka products are set to 0% and will not participate in Affiliate Revenue sharing.

8. Enrollment in the Affiliate Program

When you become a Youreeeka Affiliate, your login will automatically associate all activity with your Affiliate ID. In order to assure that the player you want to share is associated with your Affiliate ID, you must be logged into that player, press the “share” button, copy the embed code of your choice and successfully embed the code into the web site, blog or social networking site of your choice. Once you have successfully embedded the YEP associated with your Affiliate ID, into any web space, you will be deemed a Youreeeka Affiliate and will be eligible to earn Affiliate commissions from each purchase that takes place through this YEP. All sections of these TOS referring to Youreeeka Affiliates will also apply to you.

Despite your immediate acceptance into the Affiliate Program, we (or the Content’s Producer) may deactivate the appropriate YEPs and/or revoke your Membership if it is determined (in either our sole discretion or the discretion of the Content Producer) that the sites you are placing the YEP on are unsuitable.

9. Affiliate Transaction Processing

As an Affiliate, Youreeeka’s secure, PCI compliant payment gateway will process transactions placed by customers who purchase Content through your Affiliated YEP. We reserve the right to reject transactions that do not comply with our requirements. We will track sales made by customers who purchase Content through the YEP on your site and will make reports summarizing this sales activity, available to you. The form, content, and frequency of these reports may vary from time to time at our discretion.

10. Affiliate Payment

As an Affiliate, we will pay you (in accordance with these TOS) commission on content purchased by third parties through your Affiliated YEP. For a sale to be eligible to earn commission, the customer must successfully complete a purchase through the YEP associated with your Affiliate ID. You may not: i) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using the YEP associated with your Affiliate ID to purchase content through (e.g., by implementing any “rewards” program for persons or entities who use the your embeddable player to purchase content through); ii) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; iii) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; iv) in any way, represent to a third party that you are responsible for any of the aspects of the Affiliate Relationship which we in fact provide. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement.

All monies received from your product sales will be held for 60 days before any disbursement. You will be paid on a monthly basis when your earnings exceed $150.

If you cancel your Account, you will be paid all monies due to you after 90 days following the last transaction.

11. Affiliate Commissions

As a Producer, you agree to subtract your producer designated Affiliate commission (specified by product under your instruction) from your Revenue Share percentage. Please refer to Section 17 for an explanation of the Revenue Share dispersion..

The applicable commission rate is displayed on the player embed code panel. The commission is chosen by the Content Producer and varies from one product to the next. Payments will be made within 60 days from the date of purchase, and each month thereafter when the balance owed exceeds $150. If the YEP has been deactivated at the request of you (the Affiliate), Youreeeka, or the Content Owner, you will not be paid for the commissions earned prior to the deactivation, unless the amount exceeds $150 or you have other active, Affiliated YEPs. Your involvement in the Affiliate Program signifies your knowledge and acceptance that Youreeeka and the Content Producer reserve the right to terminate your Affiliation with any product at anytime by disabling your YEP.

12. Affiliate Policies and Pricing

Customers who buy content through this Affiliate Program will be deemed to be customers of Youreeeka. Accordingly, all Youreeeka rules, policies, and operating procedures concerning transactions, customer service, and Content sales will apply to those customers. We may change our policies and operating procedures at any time. Content availability may vary from time to time.

13. Identifying Yourself as an Affiliate

We will make available to you (the Affiliate) the YEP for your website which will indicate your Affiliation with Youreeeka. We may modify the player (dimensions, new features, etc) from time to time and all YEPs will be automatically updated when the changes are final. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or Affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Youreeeka supports, sponsors, endorses, or contributes money to any charity or other cause).

14. Limited License

We grant Producers/Affiliates a nonexclusive, revocable right to use the YEP on their sites. The Producers/Affiliates may not modify the image, player or embeddable code in any way without our prior consent. Youreeeka and the Content Owner reserve all rights in the graphic images and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke rights to use the YEP at any time.

15. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  1. The technical operation of your site and all related equipment

  2. Adding the buttons, links, and any other information proper under this agreement to your site

  3. The accuracy and appropriateness of materials posted on your site (including, among other things, all Content-related materials)

  4. Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

  5. Ensuring that materials posted on your site are not libelous or otherwise illegal

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.

16. Content

Upon submission, Youreeeka will review your Content to ensure that it meets the requirements and regulations of these TOS. Even if your Content has been approved by Youreeeka and entered into the YCN, you agree that you are solely responsible for your own Content and the consequences of posting or publishing it. You represent and warrant that: i) you own or have the necessary rights and permissions to use and authorize Youreeeka to use all copyright, trademark or other proprietary rights in and to any of your Content to enable inclusion and use thereof as contemplated by these TOS; and ii) you have the written consent and/or permission of each and every identifiable individual person in your Content to use their name or likeness as contemplated by Youreeeka and these TOS.

You retain all of your ownership/licensing rights to your Content. Once Content is submitted to the YCN, Youreeeka reserves the right to display, sell or distribute said Content for two years or until the end of any purchased licenses. With regard to Content submitted to Youreeeka, you may notify Youreeeka to remove your Content from the YCN, however that Content must remain in the YCN until either two years from the original submission date, or until the end of any and all active licenses; whichever is longer.

In order to obtain the most efficient usage out of Youreeeka’s servers, Youreeeka will review all bandwidth used for each product. If Youreeeka determines, in its sole discretion, that the cost of bandwidth required to support a product outweighs the income from that product, Youreeeka reserves the right to discontinue sales of said product or raise the various license prices to reflect the true cost of delivery. Youreeeka may also replace the product’s preview with an image or series of images representative of the Content. If these images are not uploaded or otherwise submitted to Youreeeka, Youreeeka will replace the preview with images at it’s own discretion.

17. Revenue Sharing

YEP sales transactions will be shared by the Producer and Youreeeka in a 60% /40% revenue split. 60% of YEP sales transactions shall be deemed "Producer Rev Share " and 40% of YEP transactions shall be deemed "Youreeeka Rev Share."

  1. Producer’s Rev Share will be debited the amount specified by product, to the Producer’s Affiliates.

  2. At Producer’s designation, a % of individual products’ profit may be designated as a "Residual" to any company or person that is a current Youreeeka Member.

  3. Producer’s profit is determined as the amount remaining after Affiliate and Youreeeka’s 40% are deducted from gross YEP transactions.

18. Producer Payment

All monies received from your product sales will be held for 60 days before any disbursement. You will be paid on a monthly basis when your Revenue Share exceeds $150.

Once all legal, financial, and tax documentation has been completed, you will be eligible to begin receiving payment from Youreeeka. Upon reaching said payment threshold of $150.00, Producers have the option to be paid earned revenue via Corporate Check or Wire Transfer. If Producer opts to be paid via Corporate Check, Youreeeka will send earned revenue to the address provided in their Producers Portal. Producer must update their address accordingly to start receiving payments. If Producer opts to be paid via wire transfer, there is a $20.00 charge that the Producer must incur. To receive earned revenue via Wire Transfer, Producer must provide Youreeeka with their Bank Account and Routing Number to designate a destination for payments.

If you cancel your Account, you will be paid all monies due to you after 90 days following your last transaction.

In the event of a chargeback, the initial sale monies will be deducted from the Producer’s Account until the dispute is resolved. The Producer’s Account will also be debited any fees associated with the chargeback.

19. Electronic Communications

When you use any of the Youreeeka Services, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by posting updates on our homepage. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In regards to Youreeeka’s promotional emails, you may have the ability to opt out and doing so will immediately remove you from the email list for that particular email. If you choose to opt out, Youreeeka will not be held responsible for information that would have otherwise been delivered to your email, had you not opted out.

20. Use of the Youreeeka Embeddable Player

As a Producer, Youreeeka will provide you with code to embed a YEP in a web space which will display and sell your Content. This code will be provided to you upon successful upload of the approved Content you wish to sell. Any site that displays the YEP must be in accordance with these TOS or the YEP on that site will be deactivated.

As an Affiliate, Youreeeka will make available to you a YEP to display and sell video content (Content from other Producers) from which you can earn commission. In order to earn commission through the purchases that take place through the YEP that you have embedded, that YEP must be associated with your Affiliate ID. A player may not be modified and/or expanded in any way. We reserve the right to monitor your site at any time to determine, at our sole discretion, if you are in compliance with these TOS. You agree that Youreeeka is not responsible to pay you Affiliate commission for any transaction that takes place through a YEP not associated with your Affiliate ID.

Youreeeka, or the Content’s Producer, will deactivate any YEP that is found on sites that:

  1. Promote violence

  2. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

  3. Promote illegal activities

  4. Include sexually explicit materials

  5. Include any brand associated with Youreeeka, or clients, or variations or misspellings thereof in their domain top-level, domain name (e.g., “.com”, “.net”, etc.), e-mail addresses, printed materials, or other representations to the public

  6. Otherwise violate intellectual property rights

Youreeeka and the Content Producer reserve the right to deactivate any YEP for any reason.

21. Prohibition on Unsolicited Commercial E-mail (No Spam)

You agree to abide by the CAN SPAM ACT of 2003. Failure to comply with this act will result in the immediate termination of your relationship with us including forfeiture of payments and commissions receivable. Violations shall be determined to have occurred at the sole discretion of Youreeeka. View a summary of this act’s major provisions.

22. Prohibition on Comment Spam

  1. Blog Comment Spam - You agree not to post comments on blogs used for the sole purpose of keyword spamming, or post comments on legitimate blogs that violate the comment policy of the blog owner. You further agree that it is your responsibility to make yourself aware of any blog rules or policies.

  2. Forum, Newsgroup, Message Board, and Chat Room Spam - You agree not to post messages to forums, newsgroups, message boards, and chat rooms that are unrelated to the topic of discussion, cross-posted to unrelated forums, newsgroups, message boards, and chat rooms, posted in excessive volume, or posted in against the rules of the forum, newsgroup, message board and chat room. You further agree that it is your responsibility to make yourself aware of any forum, newsgroup, message board, and chat room rules.

  3. Instant Messaging (IM) and Relay Chat Spam - You agree not to post solicitations to individuals and groups you do not know via Instant Messaging systems (i.e. AOL Instant Messenger, Skype, and Trellian). You further agree that it is your responsibility to make yourself aware of any Instant Messaging and Relay Chat rules.

If Youreeeka is made aware that you have violated any of these terms, your Account may be suspended or terminated.

23. Prohibition on Software to Interfere with Referrals (Parasiteware)

You may not employ software to interfere with, or redirect, referrals of another Youreeeka Affiliate or Producer. You may not interfere with or seek to improperly influence the referral of a potential customer or visitor to the YEP of another Youreeeka Affiliate or Producer. This includes the use of technology to alter or replace the embeddable code, or other tracking identifier of any Youreeeka Affiliate or Producer, with the identification of another Affiliate or Producer. You may not otherwise intercept or redirect an end-user from completing a purchase through a YEP located on another Youreeeka Affiliate or Producer’s site.

You may not use passive or invisible methods to generate referrals. All referrals must be initiated by an affirmative end-user action. You may not employ technology to alter, change, substitute, or modify the content of another Youreeeka Affiliate or Producer’s YEP and customer transactions which will take place through that player. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any commissions otherwise payable to you under this Agreement and/or terminate your Account.

24. Termination or Suspension of your Youreeeka Account

The term of this Agreement will begin upon your successful registration as a Youreeeka Producer/Member. Youreeeka reserves the right in its sole discretion, at any time, to modify, discontinue or terminate your Account without notice and refuse to provide access to your Account. Youreeeka reserves the right to cancel your Account (including subsequent Member/Affiliate Account, if applicable) with or without warning in the event that we suspect or determine, in our sole discretion, that: i) you may have or have failed to comply with any provision of these TOS or any policies or rules established by Youreeeka; ii) you may have or have engaged in actions relating to or in the course of using the Site or the YEP that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Youreeeka Members/Affiliates/Producers, Youreeeka.com, the YCN, the YEP or any other third parties and/or their Web spaces; iii) you reside in a country in which Youreeeka is transitioning to no longer providing the Services to users; iv) the provision of the Services to you by Youreeeka is, in Youreeeka’s opinion, no longer commercially viable. If your Account has been terminated by Youreeeka or at your request, you will not be able to reactivate your Account without contacting Youreeeka first.

If you want to terminate your legal agreement with Youreeeka, you may do so by notifying Youreeeka at any time by emailing support@youreeeka.com and stating your request to cancel your Youreeeka Producer Account. Please note that despite your Account termination, your Content will remain in the YCN for two years from the date of original submission or until the lapse of applicable license, whichever is longer.

You acknowledge that once your Account has been terminated by Youreeeka or at your request, you no longer have access to the streaming videos you purchased through your Youreeeka Account.

If you have participated in the Affiliate and/or Producer Programs, upon the termination of this Agreement for any reason, the YEP on your site will be deactivated and you will immediately cease use of, and remove from your site, all links to our site, and all Youreeeka trademarks, trade dress, and logos, the Youreeeka embeddable player/links, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate/Producer Programs. Affiliates are eligible to earn commission only on our sales of video content that occur during the term, and commission earned through the date of termination will remain payable only if the commissions payable to you meets or exceeds $150.00. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid, or in the case of a violation of these TOS, any commission payable may be forfeit.

When these TOS come to an end, all of the legal rights, obligations and liabilities that you and Youreeeka have benefited from, been subject to (or which have accrued for the duration of these TOS) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 33 shall continue to apply to such rights, obligations and liabilities indefinitely.

25. Refunds

Our agreement with our Producers prevents any refunds of accessed media. Once you have purchased a viewing license and have logged on and accessed that video (as verified by our records), we cannot refund your money. If you cannot view the Content on your computer after you have purchased it, our technical services department, support@youreeeka.com, will help you with any problems you encounter while trying to access your purchases. If we determine that you cannot, and have not, accessed the video(s) then we will refund your money, or send you a digital version of the product, at our discretion. We cannot, however, help you gain access to the Internet. Internet service interruption is not a viable reason to request a refund of your purchase.

26. Content Copyright

All Youreeeka Content such as text, videos, audio, graphics, logos, trademarks, button icons, images, including the Youreeeka Player, is the property of Youreeeka or its Content suppliers. The compilation of all Content on this site is the exclusive property of Youreeeka and/or the Content Owners and is protected by U.S. and international copyright laws. Upon receipt of notification of copyright infringement by a copyright holder, or the copyright owners legal agent, it is Youreeeka’s policy to remove such content from our network until the dispute is resolved. It is also Youreeeka’s policy to terminate the account of any Affiliate, Member or Producer that intentionally, and/or repeatedly infringes upon the copyrights of others..

27. Youreeeka Copyright

All Youreeeka Content such as text, Youreeeka videos and audio, graphics, logos, trademarks, button icons, images, including the YEP, is the property of Youreeeka and is protected by U.S. and international copyright laws. It is the policy of Youreeeka to terminate the Account of any Producer who infringes the copyright rights of others upon receipt of prompt notification to Youreeeka by the copyright owner or the copyright owner’s legal agent.

28. Privacy

Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.

29. Modification

We may modify any part of these TOS, at any time. You agree that it is your responsibility to check back to this URL often: www.youreeeka.com/tos You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Youreeeka reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Modifications may include, but are not limited to, for example, changes in the scope of available commission, commission schedules, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

30. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE YOUREEEKA WILL DO ITS BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE YOUREEEKA SERVICES, YOU AGREE THAT USE OF THE YOUREEEKA SERVICES IS AT YOUR OWN RISK. THE YOUREEEKA SERVICES, INCLUDING THE YOUREEEKA SITE AND THE YEP, THE CONTENT AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOUREEEKA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE YOUREEEKA SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

IN NO EVENT SHALL YOUREEEKA OR ITS PARTNERS AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "YOUREEEKA PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE YOUREEEKA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE YOUREEEKA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE YOUREEEKA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE YOUREEEKA SERVICE.

31. Relationship of Parties

Youreeeka and you are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in these TOS.

32. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement the Affiliate Program or the Producer Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

33. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any content sold through the Affiliate or Producer Program (including, without limitation, warranties of fitness, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Customers purchasing Content through Affiliate sites are covered by these TOS. The Content provided through the YEPs provided by Youreeeka, for the web space you control, will fall under these terms.

34. Links to Other Websites

Youreeeka may provide links to websites that are not owned or operated by Youreeeka. Such links are provided for reference only, and Youreeeka neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Youreeeka is not responsible for the activities on such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

35. Miscellaneous

In the event that any provision in these TOS are held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. You may not assign or transfer these TOS (by operation of law or otherwise) without the prior written consent of Youreeeka and any prohibited assignment will be null and void. Youreeeka may assign these TOS or any rights hereunder without your consent. This Agreement will be binding upon, enforceable by and inure to the benefit of Youreeeka successors and assigns. These TOS will be governed by and interpreted in accordance with the laws of the State of California. Any legal action or proceeding arising under these TOS will be brought exclusively to courts located in San Diego, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these TOS and the rules, restrictions and policies contained herein, and Youreeeka enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Youreeeka.

36. Confidentiality

We may disclose to you certain information as a result of your participation in the Affiliate and/or Producer Program, which information we consider confidential (herein referred to as “Confidential Information”). For purposes of this agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to these TOS made specifically for you and your site and not generally available to other Producers or Members; web site, business and financial information relating to us; customer and vendor lists relating to us; and pricing and sales information for us and any Members or Producers, other than you. Confidential Information shall also include any information that we designate as confidential during these TOS. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your, or such third person’s, use of the information.

37. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

38. Applicable Law

The TOS, and your relationship with Youreeeka under the TOS, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Youreeeka agree to submit to the exclusive jurisdiction of the courts located in San Diego, California to resolve any legal matter arising from the TOS. Notwithstanding this, you agree that Youreeeka shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

39. Disputes

Any dispute relating in any way to Youreeeka or to products or services sold or distributed by Youreeeka through YEPs shall be adjudicated in any state or federal court in San Diego, California, and you consent to exclusive jurisdiction and venue in such courts.

40. Force Majeure

You acknowledge and understand that if Youreeeka is unable to provide the Service as a result of a force majeure event Youreeeka will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of Youreeeka or its Producers. In the event Youreeeka is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. YOUREEEKA SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.