Terms Of Services
TERMS OF SERVICE
This document, hereinafter referred to as the "Agreement", contains the terms of services, offered on DOOBYSCOOBY.COM (“doobyscooby.com”/ “DoobyScooby”), and itself represents an AGREEMENT between "HYYPERMAAX" (“HYYPERMAAX”/ “We”) and ADVERTISER (“You”), the ADVERTISER, as a person, using our services.
For the purposes of the AGREEMENT the following DEFINITIONS are stated:
- "Internet Network", "Internet", "Network"– the world wide web, a global network of information.
- "Video" – an audiovisual work (with or without sound), and/or their fragments (including, but not limited to: animated works, motion picture, television and video films, music videos, etc.) posted on the Sites.
- "Ads" or "Advertising" - information addressed to an indefinite range of persons and aimed at drawing attention to the Object of Advertising, creating and maintaining interest in it, its promotion on the market,
- "Site" - a set of technical means and information intended for publication on the Internet and displayed in a specific text, graphic or sound forms. For the purposes of the Agreement – doobyscooby.com
- "Advertising Services" - the actions taken by HYYPERMAAX to promote your videos.
II. SUBJECT MATTER OF THE AGREEMENT – WHAT WE OFFER
On doobyscooby.com we, from HYYPERMAAX, offer to promote your YouTube videos directly on YouTube through YouTube`s Ad`s platform (Google Ads). Here we focus on marketing your video in the front of interested audience only. Using the most genuine way of marketing i.e "YouTube Ads" we offer you the best quality views in best budget. DoobyScooby is the simplest online platform to get high quality YouTube views.
This document is a binding agreement between You, the person or entity agreeing to the terms contained in this document, and "HYYPERMAAX", the owner and administrator of this Website and all the content on it.
"HYYPERMAAX" undertakes to provide Advertising Services to YOU under the terms and conditions of this AGREEMENT, and the YOU, as an ADVERTISER, undertake to accept and pay for "HYYPERMAAX's" services in the manner and in the amount specified in this AGREEMENT.
III. TERMS AND CONDITIONS FOR THE PROVISION OF ADVERTISING SERVICES
3.1. The Advertiser is independently preparing and editing the videos, which includes the creation and alternation of the video materials and sends a link to them to doobyscooby.com.
3.2. In order to use the service, offered on doobyscooby.com the Advertiser is required to register on the site and create a personal account.
3.3. The Services are provided by HYYPERMAAX are exclusively to individuals (Advertisers) who have reached the age of 18 years. By accepting the terms and conditions of the Agreement the Advertiser guarantees and confirms that he has reached the legal age in his country.
3.4. HYYPERMAAX is entitled to check the Advertiser's Videos to ensure their compliance with the terms and conditions of this Agreement and the requirements of the applicable legislation. In case of incompliance, HYYPERMAAX is entitled to refuse to provide its services.
IV. RIGHTS AND OBLIGATIONS OF HYYPERMAAX
4.1. HYYPERMAAX has the below listed rights:
- to deny any Advertiser in the provision of Advertising Services without giving a reason;
- to temporarily suspend the provision of Advertising Services for technical, technological or other reasons preventing the provision of services, for the period of eliminating such reasons;
- in case of the Advertiser’s breach of the provisions of the Agreement and/or legislation, to suspend the provision of Advertising Services and/or to terminate the Agreement unilaterally out of court, by notifying the Advertiser thereof, and also demand from the Advertiser full reimbursement for all losses caused by such breach;
- to stop providing the service by notifying the Advertiser thereof by sending an electronic message to the Advertiser’s email address specified when registering, if written requests are received from the competent state;
- in case of non-payment for the Advertising Service - not to fulfill its obligations or to suspend their fulfillment;
4.2."HYYPERMAAX" has the below listed obligations:
- to provide the services to the Advertiser in accordance with the terms and conditions of this Agreement;
- to issue a refund when necessary – e.g. in case the user is not registered and his/her video is rejected; if the user is registered, but still due to various reasons the video is rejected; if the user contacts HYYPERMAAX before the campaign is started and wants to stop it; in the process of a campaign, when the user wants to stop it – in this case the user gets partial refund.
- Once refund is approved, the refund will be processed by HYYPERMAAX within 5 business days.
V. RIGHTS AND OBLIGATIONS OF THE ADVERTISER
5.1. The Advertiser has the below listed rights:
- to get their videos promoted under the terms of this agreement;
- to get a refund in the abovementioned, in art. 4.2., cases.
5.2. The Advertiser has the below listed obligations:
- to pay for the Advertising Services of HYYPERMAAX in a timely as agreed;
- to prepare the Videos, which includes their creation and edition, complying all "HYYPERMAAX"`s requirements, as well as the legal provisions. In case of failure to do so, HYYPERMAAX has the right to refuse to promote the video;
- not to submit any content that:
- Infringes any third party's copyrights or other rights;
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes;
- Depicts or encourages self-harm.
- Not to use an offensive screen name or avatar, act in a deceptive manner; harass or stalk any person; arm or exploit minors; distribute "spam" in any form or use misleading metadata; access another's account without permission; engage in any unlawful activity;
VI. UNLAWFUL ACTIVITY
6.1. The Advertiser undertakes not to:
- present videos which, or the advertising of which contravenes the current legislation of the Republic of India and International pacts;
- use the Service, provided on doobyscooby.com on his own or with the involvement of third parties for purposes that may be qualified as a breach of the legislation, third party rights, including with regard to the results of intellectual activity, unfair competition;
- perform any actions that affect the normal Service work, and its unfair use.
7.1. The ADVERTISER declares that all the Videos and their content comply with the requirements of the current legislation, do not breach any rights of third parties, and that they have all the rights to the Videos.
7.2. The ADVERTISER declares that all the information provided by him to HYYPERMAAX is complete, accurate and current at the date of acceptance of this Agreement, as well as at this moment.
VIII. PRICE OF THE SERVICES AND PAYMENT
8.1. The price of the Service offered is determined on the basis of the min/max views amount. The Advertiser sets a budget and the system calculates the minimum and maximum number of views he will get. If the Advertiser wants to target the video by country and/or to add tags (keywords), the views are decreasing, which means the advertiser will get minimum/maximum views for higher price. The price is specified in US Dollars
8.2. HYYPERMAAX provides its Service only after full prepayment.
8.3. The payment shall be performed by the Advertiser in one of the following methods: PayPal or via Credit/Debit Cards.
8.4. The Services are considered to be paid after the full price is received by "HYYPERMAAX".
IX. ACCEPTANCE OF THE AGREEMENT. VALIDITY AND AMENDMENTS TO THE AGREEMENT. TERMINATION OF THE AGREEMENT
9.1. This Agreement comes into force upon its posting on doobyscooby.com and has effect until it`s revocation by "HYYPERMAAX".
9.2. "HYYPERMAAX". reserves the right to amend the terms of this Agreement or withdraw the Agreement at any time. I case of any amendments to the Agreement made by "HYYPERMAAX", these amendments take effect after being posted on the doobyscooby.com, unless other is specified.
9.3. If the Advertiser continues using the Service after such amendments were made, it is considered to be an unconditional consent of the Advertiser with the updated version of the Agreement.
9.5. If there are any amendments made to the Agreement which the Advertiser does not agree with, he shall immediately cease using the Service and cancel the account.
9.6. The Agreement may be terminated immediately: upon an initiative of either of the Parties, which send a notice to the other Party not less than 2 (two) weeks before the planned date of termination of the Agreement; by mutual consent of the Parties; on other grounds provided by the agreement and/or legislation.
9.7. The Agreement is valid until the Parties fulfill their obligations under the Agreement or until its termination.
X. LIABILITY. APPLICABLE LAW
10.1. In case of violation of the terms of this Agreement, the Parties are considered liable in accordance with the current legislation of the Republic of India.
10.2. In no case shall HYYPERMAAX bear any responsibility under this Agreement for:
- any damages and/or lost profits of the Advertiser and/or any third party, regardless of whether "HYYPERMAAX" could have foreseen the probability of such damages;
- use or inability to use, any consequences of use or inability to use by the Advertiser that form and/or method of payment for Advertising Services, which was chosen by the Advertiser;
- any direct or indirect damages, caused to the Advertises by the usage of the Service or the inability of such usage due to violations, technical errors or equipment failures, as well as unlawful access by third parties and malfunction, caused by malicious software;
- blocking or removal of Advertiser's Videos due to their improper content.
10.3. The liability of HYYPERMAAX under this Agreement may not exceed 100% of the amount paid by the Advertiser for the Services provided by HYYPERMAAX
10.4. HYYPERMAAX is not liable to the Advertisers or any third party for the fact whether the Service meet expectations of the Advertiser and any third party.
10.5. The Advertiser is fully responsible for:
- the compliance of the Video with all legal requirements, including the requirements of the current legislation;
- the completeness and accuracy of all information provided upon creating their personal account on doobyscooby.com and in the period of usage of the Service,
- the safety and confidentiality of registration data (login and password).
- claims of any third parties regarding the videos and their content;
10.6. Both "HYYPERMAAX" and the Advertiser shall be executed for non-performance or improper performance of obligations due to force majeure, which means any unforeseen, extraordinary and unavoidable circumstances, which may include: natural disasters, fires, earthquakes, floods, wars, military operations of any nature, strikes, blockades, embargoes, prohibitions or restrictions on exports or imports, political unrest, riots and their consequences, acts and decisions of public authorities which restrict and/or prohibit performance of obligations under this Agreement, or otherwise affect the ability to perform the terms of this Agreement, and other circumstances beyond the reasonable control of the Parties, including telecommunication and energy networks failures, malware, and incompetent actions of third parties, which actions were aimed at unauthorized access and/or disrupting software and/or hardware. Each Party shall inform the other within 5 (five) working days about the occurrence and termination of such circumstances.
10.7. In case of any disputes related to this Agreement, including non-performance or improper performance of the obligations under the Agreement, the Parties will exercise their best efforts to resolve such disputes through negotiations between authorized representatives of the Parties. In case of failure to reach an agreement, the Parties have the right to refer the dispute to a court in accordance with the current legislation of the Republic of India.
XI. FINAL PROVISIONS
11.1. The Advertiser has no right to assign or transfer all or any of its rights under this Agreement to any third party.
11.2. If one or more provisions of this Agreement are considered to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
11.3. For all questions related to this Agreement and/or application of the provisions of this Agreement, please contact: "HYYPERMAAX", By E-mail: [email protected]