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STUDIO USER AGREEMENT

Last update: 24.01.2022
The User Agreement creates a legally binding contract between you and Mediacube in relation to your use of Studio. It is important that you read it carefully. The Agreement applies to all users.


The English version is an introductory one and in case of inaccuracies, the Russian version takes precedence.


TABLE OF CONTENT

  1. Terms

  2. Warning

  3. General Provisions

  4. Rights and Obligations

  5. Using Studio

  6. Assurances and Guarantees

  7. Disclaimer of Warranties

  8. Responsibility

  9. Technical Support

  10. Other Conditions




1. Terms

Mediacube
– MEDIACUBE WORLDWIDE LTD, a legal entity created and functioning in accordance with the laws of the Republic of Cyprus, registered under the number HE 401840, at 25 Martiu, 27, D. Mikael Tower, office 105A, Engomi, postal code 2408, Nicosia, Republic of Cyprus.

Studio
– a service owned by Mediacube hosted at https://studio.mediacube.network/

YouTube channel
– a web page hosted on the Google Platform (YouTube) that provides functionality for managing Content on the Platform, which has a unique web address. The list of the User's Youtube Channels is indicated in the Personal Account.

Income
– represents the User's remuneration paid by MEDIACUBE for the use of the User's copyright objects, calculated in accordance with the license agreements between the User and Mediacube.

Application
– a request to connect the YouTube Channel and/or Services provided within the Studio Service.

Content
– the result of intellectual activity – objects of copyright and/or related rights: audiovisual works, phonograms, musical works, and other materials, as well as fragments of any works and materials located on the Platform, and/or specified in the Personal Account, the Rights to which are granted by the User to Mediacube on the terms of this Agreement.

Personal Account
– the website (in Studio), which is available to the User, through which they add their YouTube channels, views, and manage profile information.

Platform
– a software and hardware complex designed for storing, reproducing, distributing Content, placing advertisements in it, and collecting statistical information, as well as providing the ability to use the Content. The Google Platform (YouTube) Terms of Service can be found at http://www.youtube.com/t/terms. Guidelines for Fair Use of Content are available at https://www.youtube.com/intl/ru/yt/about/copyright/fair-use

Connected YouTube channel
– YouTube channels that the User added to their Studio Service Personal Account by providing access to YouTube Accounts.

Profile
– personal page of the registered User in Studio.

Registration
– a set of actions of the User in accordance, including the provision of Credentials and other information, performed by the User using a special form of the user interface in order to form a User Profile and gain access to certain functions of the Studio Service.

Agreement
– this agreement.

Mediacube pay
– a service hosted at https://pay.mediacube.co/.

Device
– any technical means by which the User can access Studio.


All terms not specified in the Agreement have the meaning specified in the Mediacube pay user agreement located at https://pay.mediacube.co/ru/agreement


2. Warning

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING, GETTING ACCESS, VIEWING THE INFORMATION, OR USING STUDIO, YOU


ACCEPT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THE TERMS OF THIS AGREEMENT, AND
HEREBY ACKNOWLEDGE THAT YOUR AGE IS OLD ENOUGH FOR SUCH REGISTRATION IN ACCORDANCE WITH APPLICABLE LAW AND/OR THAT YOU HAVE ALL NECESSARY CONSENTS (FOR EXAMPLE, PARENTAL CONSENT) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AGREEMENT FOR THE PURPOSE OF THE LAW ON THE PROTECTION OF THE INFORMATION OTHERWISE REGISTRATION IN STUDIO AND ITS USE IS PROHIBITED.


IF YOU, UNDER THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE STUDIO OR PARTS OF IT, OR IF THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE STUDIO. IN THIS EVENT, YOU WILL BE INDEPENDENTLY RESPONSIBLE FOR THE USE OF STUDIO OR PARTS OF IT IN YOUR STATE IN VIOLATION OF APPLICABLE LAW.


3. General Provisions

3.1. In order to use the Studio Service, the User needs to register for Mediacube pay. During registration in Mediacube pay, the User must unconditionally (in full, without exceptions and/or additions) accept the terms of the user agreement located at https://pay.mediacube.co/agreement
3.2. To use Studio, the User must unconditionally (in full, without exceptions and/or additions) accept the terms of the Agreement. Starting to use Studio, the User is considered to have accepted the terms of the Agreement in full, without reservations or exceptions. If the User disagrees with any of the provisions of the Agreement, the User is not entitled to use Studio.
3.3. After authorization in Studio through Mediacube pay, Mediacube will create a Studio User Profile.
3.4. The Agreement governs the relationship with the User exclusively regarding the use of Studio. All issues related to the receipt of Income are governed by a separate license agreement with the User, which is displayed in the Personal Account.
3.5. Taking into account the constant and dynamic development of Studio, there are constant changes in software, its functions and components, in all materials, information, conditions, texts, programs, modules and components, interfaces, graphic design, and in everything else that is somehow connected with the use of Studio. Accordingly, Mediacube has the right to change the terms of the Agreement at any time. Any changes to the Agreement will be displayed at https://assist.mediacube.network/l_rus/knowledge_base/category/35362, and the use of Studio (continued use) by the User after such changes are made means full and unconditional acceptance of the Agreement, taking into account the changes made. The new edition comes into force from the moment it is posted on the Internet at the address specified in this paragraph.
3.6. The User confirms that they have the legal authority to accept the Agreement, the persons who have accepted the terms of the Agreement have all the rights to perform the legal actions specified in it in accordance with the legislation of the Republic of Cyprus.
3.7. The data on the User's Income is reflected on the basis of the data provided by YouTube, the affiliate program, as well as the operations performed to enroll and/or dispose of the User's Income are made in Mediacube pay.
3.8. The User acknowledges and agrees that Mediacube is not obliged to view and in any way check the Content posted by the User in their Profile, including for compliance with applicable law, including legislation on copyright and related rights.


4. Rights and Obligations

4.1. The User has the right to:
4.1.1. Use the Studio Service.
4.1.2. To resolve difficult situations or get advice, contact the Information and Technical Support Service using the following email: support@mediacube.network.


4.2. The User is obliged to:

4.2.1. comply with the terms of the Agreement.
4.2.2. ensure reliable storage and be independently responsible for the safety of their personal data (account name, password, and others) and has no right to transfer or provide them to third parties. All actions performed in the Personal Account using the Login and Password owned by the User are considered to have been committed by the User.
4.2.3. independently bear the risks of possible adverse consequences for the User in case of loss and (or) disclosure by the User of their Login and Password.
4.2.4. the User undertakes to use the Studio Service only for legal purposes, to comply with applicable law, as well as the rights and legitimate interests of Mediacube and other third parties.
4.2.5. bear full responsibility for the accuracy of the information specified by them during registration as a User (personal data, payment details, etc.), and the reliability of the guarantees and assurances of the User.
4.2.6. protect Mediacube and hold it harmless from any lawsuits, claims, damage, or losses related to the violation of the User's assurances and guarantees specified in the Agreement, as well as compensate Mediacube for possible losses, damages, and expenses, including legal costs and expenses for a lawyer and other protection in the event of such claims against Mediacube, including lawsuits and claims of third parties.
4.2.7. independently monitor and study all changes and additions to the Agreement.
4.2.8. the User is obliged to refrain from taking actions aimed at destabilizing the operation of the Studio Service, making attempts to unauthorized access to Studio, as well as from performing any other actions that violate the rights of Mediacube and/or third parties.
4.3. The User undertakes not to change or modify the Studio Service and any of its parts, as well as not to use the Studio Service and the results of intellectual activity posted on it for purposes other than those described in the Agreement.


4.4. Mediacube has the right to:
4.4.1. refuse to provide the Service to any User and block access to the User's Personal Account in the following cases:
if authentication and (or) authorization of the User has not been carried out, or Mediacube has reason to believe that the authentication and (or) authorization of the User was carried out with violations;
if Mediacube has technical problems;

if the User's actions violate the Agreement;
at its sole discretion without explanation.
4.4.2. suspend the operation of the Studio Service or hardware if significant malfunctions, errors, and failures are detected, as well as in order to carry out preventive maintenance and prevent cases of unauthorized access at any time at its sole discretion and (or) during such a need for any unlimited time.
4.4.3. disclose information about the User only in accordance with applicable law.
4.4.4. expand, modify, shorten, edit, and modify the functionality of the Studio Service.
4.4.5. in cases of violation by the User of the requirements and conditions of the Agreement, block the User's access to his Personal Account until the circumstances are clarified and (or) permanently with the removal of the Personal Account.
4.4.6. Withhold the User's remuneration in the event of:
a) if the User owes MEDIACUBE any amounts - to the extent that the User owes such amounts in accordance with the Agreement;

b) In the case of fraudulent actions with Content or on the YouTube platform that led to an increase in the number of views and rewards, as well as other actions that violate the terms of use of YouTube;

c) If the YouTube channel is disconnected from the MEDIACUBE partner network and the Studio service before the expiration date of the License Agreement between the User and MEDIACUBE;

d) Channel demonetization (in a situation where a YouTube channel is automatically disconnected from an affiliate program when YouTube decides to disable monetization for certain violations);
e) Blocking the User's YouTube channel;

f) The presence of gross violations of the terms of use of YouTube, copyright infringement;
g) Violations of the terms of the Agreement.


4.5. Mediacube is obliged to:
4.5.1. publish official messages related to servicing Users and (or) changing (supplementing) legally important information on the Studio's public official website or send them to Users' e-mails.
4.5.2. provide the ability to enter the Studio Service.
4.5.3. provide technical and informational support.


5. Using Studio

5.1. After completing registration, the User gets access to the Personal Account, where they track the amount of Income, which is subsequently paid through Mediacube pay, and also view the Connected channels.
5.2. If the provision of any additional Services offered by Mediacube in Studio requires an additional Application and (or) clarification of the User's data, and (or) supplementing the User's data, and (or) clarifying the composition of such additional Services and the conclusion of additional agreements between the User and Mediacube (agreements, conditions, rules, etc.), then such additional Services are provided to the User only after Mediacube receives such an Application.
5.3. To Connect a channel, the User needs to click “Connect” in Studio. During the connection process, the User will be asked to accept the terms of the license agreement for the transfer of rights to the Content, which are necessary to pay the Income to the User.
5.4. The User may have access to a system of tariffs, according to which the Income will be credited to Mediacube pay. The User is considered to have accepted the terms of the tariff at the time of their choice in the Personal Account.
5.5. When crediting funds to the User at one of the tariffs, Mediacube has the right to charge interest for its services in the amount approved by Mediacube unilaterally:
Interest for the withdrawal of Profile Credits prior to their accrual to the Profile Funds (“Flexible Payments” tariff);
Interest for the daily transfer of Profile Credits to Profile Funds (“Express Funds” tariff).
Unilaterally approved tariffs by Mediacube are posted at https://studio.mediacube.network/tariffs.
5.6. Mediacube reports that Studio is using the YouTube API Service. Considering this, when using Studio, the User accepts the YouTube terms of use located at https://www.youtube.com/t/terms and also consents to the collection, use, and storage of their personal data in accordance with the Google Privacy Policy located at http://www.google.com/policies/privacy. The User has the right to revoke their consent to the collection, use, and storage of their personal data at any time by clicking on the link https://security.google.com/settings/security/permissions.
5.7. If the User's channel does not meet the requirements for connecting to the partner network, the User still has the right to send an Application. In this case, the User will be assigned the “Participant” status. Mediacube has the right to connect the User's channel with the “Participant” status at its discretion.


5.8. In the case specified in clause 5.7, the User agrees that if their channel is connected, they are familiar with the terms of the license agreement located at https://assist.mediacube.network/l_rus/knowledge_base/item/171527?sid=35362. The User fully accepts the terms of such an agreement and reserves the right to terminate it in case of disagreement with any of its provisions within 3 days from the date of connection of the channel. The current version of such an agreement will be posted in the User's Personal Account.

5.9. The User agrees that the analytical data on the revenue of the User's YouTube channel are supplied by YouTube and are approximate. The amount of the User's remuneration calculated using such analytical data may differ from the amount actually accrued in Mediacube Pay. The amount of the User's remuneration directly depends on the amounts that will be transferred by Google to the MEDIACUBE address. If Google does not transfer the remuneration to MEDIACUBE, MEDIACUBE is not obligated to pay such non-transferred remuneration to the User and is not responsible for the payment of remuneration to the User in this case.


6. Assurances and Guarantees

If the YouTube channel is connected, the User, by agreeing to the terms of the Agreement, assures Mediacube and guarantees that:
the User will not engage in illegal or fraudulent activities;

the User has all the rights and powers to accept the Agreement;
the User complies and will comply with the applicable laws;
the User specified reliable personal and payment data at registration;
the User voluntarily accepts the terms of the Agreement in full.


7. Disclaimer of Warranties

7.1 Studio is provided "as is" and Mediacube makes no warranties or representations.
7.2 In particular, Mediacube does not guarantee that:
the use of Studio will meet the needs of the User,
the use of Studio will be uninterrupted, timely, secure, or error-free,
any information obtained by the User as a result of using Studio will be accurate or reliable, and
defects in operation or functionality of any software provided to the User within Studio will be corrected.


7.3 Studio is not subject to terms, warranties, or other terms (including any implied terms of satisfactory quality, suitability for the intended use, or matching the description) unless expressly set forth in the Agreement.


8. Responsibility

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT, Mediacube SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR LOSS OF DATA DUE TO AN OFFENSE (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE STUDIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR ARISING OUT OF THE USE BY THE USER OF ANY INFORMATION OBTAINED FROM Mediacube, OR RESULTING FROM ERRORS, ACTS OF OMISSIONS, DELAYS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY DERATING, WHETHER THEY ARE CAUSED BY NATURAL DISASTERS, FAILURE OF COMMUNICATION SYSTEMS, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCUMENTS, PROGRAMS, OR SERVICES OF Mediacube; AND







IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Mediacube BY AGREEMENT, WARRANTY, AS CONSEQUENCES OF OFFENSE (INCLUDING NEGLIGENCE IN ACTION OR NON-ACTION, OR IMPLIED NEGLIGENCE), UNCONDITIONAL LIABILITY OR OTHER LIABILITY THAT ARISES OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE STUDIO, EXCEEDS THE AMOUNT OF US $100.
8.2. The User agrees to indemnify, defend and release Mediacube from liability in relation to any claims, losses, damages, obligations, including legal support costs, that arise as a result of violations by the User (for example, violation of the rights of any third party, violation of the Agreement or any other applicable agreements in relation to the use of Studio or violation of representations and warranties made by you under this document. Mediacube reserves the right to solely exercise, at the expense of the User, protection and control of any claim for which a refund is required to Mediacube, and the User agrees to cooperate with Mediacube in defense of such claims. Mediacube will use all reasonable efforts to notify you of any such claim, action, or proceeding that it becomes aware of.
8.3. Mediacube is not responsible for any damage to the electronic devices of the User or another person, mobile devices, or any other equipment or software caused by or associated with the use of Studio.


9. Technical Support

9.1. Mediacube provides free technical and informational support by e-mail specified in clause 4.1.2. of this Agreement. The User can submit their request through the form in Studio, by email. Mediacube will make every effort to provide a qualified and efficient response to every User's request.




10. Other Conditions

10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus. All disputes arising in connection with this Agreement are subject to mandatory pre-trial settlement by the Parties, or in a court having jurisdiction over the location of Mediacube in case of failure to reach an agreement within the framework of pre-trial settlement of the dispute.
10.2. All questions and claims related to the Agreement should be sent to the email address: support@mediacube.network.
10.3. The invalidity of one of the clauses of the Agreement does not entail the invalidity of the entire Agreement.
10.4. Mediacube grants the User a full, worldwide, and non-exclusive license to use the Studio Service without the right to transfer the rights to such use to third parties.
10.5. The User recognizes the legal force of the texts of documents received by e-mail on a par with documents executed in simple written form on paper. Any documents that were sent using e-mail have full legal force only if these documents are sent to the User's e-mail address specified as the Login during registration. Mediacube assumes no responsibility if the User specifies an incorrect email address.

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