Terms and conditions

Terms and conditions

Terms and conditions

Terms and conditions

YouGenius Terms & Conditions

Last updated: 4/2/24



Agreement



These Terms of Use ("Agreement") constitute a legally binding agreement between YouGenius ("YouGenius," "we," "us," or "our"), a service provided by VOTO, LLC, and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of the YouGenius website: https://www.yougenius.co (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. By accessing and using the Website and our services, the Client agrees to comply with these terms and conditions.


SUBSCRIPTIONS PURCHASED ON THE YOUGENIUS WEBSITE ARE GENERALLY NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW. 


GOVERNING AGREEMENT

These Terms of Service [“Terms”] constitute a legally binding agreement that governs the relationship between you, whether personally or on behalf an entity [“you”] and VOTO, LLC dba "YOUGENIUS" [“Company”, “we,” “our,” or “us”, and together with “you”, the “Parties” and each individually, a “Party”]] regarding your access to and use of www.yougenius.co as well as any other media form, media channel, mobile website or mobile application related, inked, or otherwise connected thereto [collectively, the "Site"]. By using or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms, which incorporate Company’s Privacy Policy [“Privacy Policy”] by reference. If you are accessing or using the Service on behalf of a business or entity, then [a] “you” and “your” includes you and that business or entity, [b] you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and [c] your business or entity is legally and financially responsible for your access or use of the Service as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.


Users are responsible for periodically viewing the Terms. We reserve the right to modify the Terms and Privacy Policy at any time by posting the amended terms on or within the Site. Your continued use of the Site after a change or update has been made will constitute your agreement to the revised Terms. If you do not accept the Terms, your only remedy is to discontinue your use of the Site and cancel any accounts you have made using the Site.


In the event of a conflict between these Terms or the Privacy Policy and any other Company terms, policy, rule, or code of conduct applicable to specific features of the Services, the specific terms applicable to such features will govern with respect to your use of such features.


These Terms of Service, together with our Privacy Policy, Artist Terms (if applicable), Purchaser Terms (if applicable), and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract between you and Happy Monday in relation to your use of the Site and Services.

If you do not agree to any of the provisions set out in those documents, you should not use the Site and Service. By accessing or using the Site or Service, you represent and warrant that you have read and understood these Terms of Use and Privacy Policy, will abide by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union and UK or 13 years of age or more if you reside in the United States, and in all other jurisdictions, you are of the age of digital consent or more, as required by applicable law in your jurisdiction.

ADDITIONAL TERMS AND POLICIES 

Your use of the Services is subject to additional terms and policies as may be posted on the Services from time to time and that will include the following

Privacy Policy. Please review our Privacy Policy, which also governs your use of the services, for information on how we collect, use and share information, in order to ensure you understand and are comfortable with our use and disclosure of your personal data.

1. Intellectual Property Rights

All content, software, and technology used or provided by YouGenius, including but not limited to text, images, graphics, logos, and designs, are the property of YouGenius and protected by copyright, trademark, and other intellectual property laws. Clients may not copy, modify, distribute, or create derivative works from any of YouGenius's intellectual property without prior written permission.


2. Use of Services

YouGenius offers a subscription-based creative agency service that provides a range of marketing and branding services, including brand direction, social media strategy, content creation, user-generated content (UGC) campaigns, merchandising, and more. Clients agree to use these services solely for the promotion and growth of their own legitimate business and products, and not for any unlawful or unethical purposes.

The Services are only applicable to clients in certain jurisdictions who can use the Services as permitted under applicable law.  The Services are not authorized for use in any jurisdictions where the United States has embargoed goods or has otherwise applied any economic sanctions, including but not limited to Iran, North Korea, Syria, Sudan, and Cuba. Without limitation, you must be at least 18 years of age to use the Services. You may not attempt to access or use the Services if you are not permitted to do so.

3. Client Responsibilities

Clients using YouGenius's services shall:

  • Provide accurate and up-to-date information necessary for the provision of services

  • Use the services only for lawful and authorized purposes

  • Not misuse the services to compete with or undermine YouGenius

  • Maintain the confidentiality of their account credentials and prevent unauthorized access

  • Cooperate with YouGenius by responding to requests and providing feedback in a timely manner

  • Review and approve all deliverables before final acceptance

4. Data Privacy and Security

YouGenius is committed to protecting the privacy and security of client data. We employ industry-standard measures to safeguard any confidential or sensitive information provided by clients. Clients acknowledge that while we take reasonable precautions, no data transmission over the internet can be guaranteed to be 100% secure. Clients agree to use best practices when sharing information with YouGenius.

5. Incorrect Information and Misuse of Data

Clients acknowledge that the marketing and creative services provided by YouGenius, including any AI-generated content, are for informational and promotional purposes only. Clients are solely responsible for verifying the accuracy of any information or content before relying on it or using it for critical business decisions. YouGenius shall not be liable for any losses, damages, or consequences resulting from incorrect information or content.


Clients further agree to use the services and any resulting data or content responsibly and in compliance with all applicable laws and regulations. Clients shall indemnify and hold YouGenius harmless for any misuse of data or content that results in damages or legal issues.


YouGenius may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering of incomes obtained by criminal means, or for counteracting financing of terrorism. YouGenius may also require you to provide additional information and documents in cases where it has reasons to believe that: [i] your account is being used for money laundering or for any other illegal or unauthorized activity; [ii] you have concealed or reported false identification information and other details; or [iii] transactions effected via your account were effected in breach of these Terms. In each such case, YouGenius, in its sole discretion, may disable, or terminate, your account until such additional information and documents are reviewed by YouGenius and are accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, YouGenius may refuse to provide the Services to you. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining accuracy of any record submitted to any tax authority including information derived from the Services. 

6. Client Misconduct and False Information

Clients agree to use YouGenius's services ethically and in good faith. YouGenius shall not be liable for any misconduct, inappropriate use, or provision of false information by clients. Clients are responsible for ensuring the accuracy of any information they provide to YouGenius, and acknowledge that inaccurate data may lead to errors or issues with the services.

7. Refund Policy

YouGenius does not offer refunds under any circumstance. Clients acknowledge this policy and understand that payments for services are non-refundable.

8. Ownership and Use of Software and Data

Clients understand and agree that they are purchasing access to YouGenius's services, software, and creative assets. Clients retain full ownership of any data, content, or materials they provide to YouGenius. YouGenius does not claim ownership over client data or content, but reserves the right to use non-personal, non-confidential information for marketing and promotional purposes with the client's consent.

9. Use of Information for Marketing

Clients agree that YouGenius may use information provided by the client through the service for marketing purposes, including testimonials, use cases, and marketing materials. However, YouGenius will never share client or user data without explicit consent. Clients acknowledge and grant YouGenius the right to use non-personal, non-confidential information for promotional and marketing activities.

10. Termination of Services

Either party may terminate the agreement by providing written notice. Upon termination, clients shall cease using the services, and YouGenius reserves the right to delete client data.

11. Modification of Agreement

YouGenius reserves the right to modify, update, or change these terms and conditions. Clients will be notified of any significant changes, and continued use of the services indicates acceptance of the modified terms.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles. Any legal action shall be brought in the courts of California, and the parties consent to the personal jurisdiction of those courts.

13. Pricing and Services

The current YouGenius pricing packages and included services are as follows: 



GOOD PLAN. PAUSE OR CANCEL ANYTIME

  • ONE REQUEST AT A TIME.

  • AVERAGE 48HR DELIVERY.

  • dedicated project manager.

  • essential brand direction and strategy.


SMART PLAN. PAUSE OR CANCEL ANYTIME

  • ONE REQUEST AT A TIME.

  • AVERAGE 48HR DELIVERY.

  • dedicated project manager.

  • essential brand direction and strategy.

  • social media strategy.


GENIUS PLAN. PAUSE OR CANCEL ANYTIME

  • ONE REQUEST AT A TIME.

  • AVERAGE 48HR DELIVERY.

  • dedicated project manager.

  • essential brand direction and strategy.

  • social media strategy.

  • unlimited content creation.

  • ugc campaign.


Add-On: Work with our team as an option add-on

  • Other plan required

  • Creative Direction

  • AI consultation

  • Social media management

  • Paid media
    Influencer marketing

  • Merch distribution

  • Video call & Slack support


14. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YOUGENIUS OR ITS PARTNERS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL COMPANY, ITS LICENSORS, OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SERVICE OR USE OF THE APPLICATION. MOREOVER, IN NO CASE SHALL COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' [COLLECTIVELY, "COMPANY AFFILIATES"] LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL COMPANY OR COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES [INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSS] ARISING FROM YOUR USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR MEMBERSHIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY AND THEIR AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. Indemnification

You agree to defend, indemnify, and hold harmless Company and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of the subject claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The obligations set forth herein shall survive termination of these Terms.

16. Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.


17. Entire Agreement

This Agreement, along with any referenced policies or additional terms that may apply to specific features or offers, represents the complete and final understanding between YOUGENIUS and the Client regarding the use of YOUGENIUS's services. It supersedes any previous agreements, communications, or understandings, whether written or oral, relating to its subject matter. Any changes to this Agreement must be documented in writing and signed by both parties to be valid. By accepting this Agreement, the Client acknowledges that they are not relying on any external representations or statements not explicitly included herein.


18. Waiver

If YOUGENIUS does not enforce any provision of this Agreement, such non-enforcement shall not be considered a waiver of YOUGENIUS's rights to enforce that or any other provision at a later date. A waiver of any breach or default of this Agreement does not constitute a waiver of any subsequent breach or default. To be effective, any waiver must be in writing and signed by an authorized representative of YOUGENIUS. Clients are encouraged to uphold all terms, as leniency in enforcement does not imply future flexibility or relinquishment of rights.

19. Force Majeure

YOUGENIUS will not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from events beyond its reasonable control, including but not limited to natural disasters, pandemics, governmental actions, labor strikes, or internet disruptions. If a force majeure event occurs, YOUGENIUS will make all reasonable efforts to minimize the impact on the Client and resume performance as soon as possible. During such an event, both parties may temporarily suspend obligations without penalty. Should the force majeure event continue for an extended period, either party may have the right to terminate the Agreement with proper notice.

20. Assignment

Clients may not assign, transfer, or delegate any rights or obligations under this Agreement without prior written consent from YOUGENIUS, which may be withheld at YOUGENIUS's sole discretion. Any unauthorized assignment by the Client will be considered void and may lead to the termination of this Agreement. YOUGENIUS reserves the right to assign or transfer its rights and obligations under this Agreement, in whole or in part, to any affiliate or third party, including in the case of a merger or acquisition. Such assignment by YOUGENIUS shall not relieve it of its obligations to the Client.

21. Survival

Sections 1, 4, 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive the termination of this Agreement.



22. Electronic Communication

By using the services, clients consent to receive electronic communications from YouGenius. Clients agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

23. Acceptance of Terms

By accessing the Website and using YouGenius's services, clients acknowledge that they have read, understood, and agree to be bound by these Terms of Use.

24. Duration and Termination

This Agreement shall serve as a legally binding agreement between YouGenius and the client for as long as the client is subscribed to the services. Clients may terminate their subscription at any time by providing written notice to YouGenius. YouGenius reserves the right to suspend or terminate the client's access to the services at its sole discretion for violations of these Terms of Use or any other reason deemed appropriate.


25. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law provisions. All disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in California. Both parties agree to submit to the personal jurisdiction of these courts, waiving any objections based on venue or inconvenient forum. This provision ensures consistency in interpretation and adherence to California's legal standards.

26. Dispute Resolution

If you are a resident of the United States, these Terms and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the arbitration option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.You are solely responsible for your interactions with other users of the Service. If you have a dispute with one or more users of the Service, you release us [and its licensors, affiliates, employees, officers, directors, contractors, agents, and third party partners] from claims, demands, and damages of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.


27. Changes to the Agreement

YouGenius reserves the right to modify, amend, or change any portion of this Agreement at its sole discretion. Clients will be notified of any changes via email or through the Website. Continued use of the services after the effective date of any modifications constitutes acceptance of the revised Agreement.


29. Client Cooperation and Communication

Clients agree to cooperate with YouGenius by providing accurate and necessary information in a timely manner. Effective communication between the client and YouGenius is vital for successful service delivery.

30. Updates and Improvements

YouGenius reserves the right to update, modify, or improve its services, including AI models, chatbots, and software, based on evolving technology and user needs. Clients acknowledge that these updates are aimed at enhancing the overall user experience.

31. Feedback and Suggestions

YouGenius encourages clients to provide feedback, suggestions, and insights regarding its services. By sharing such information, clients grant YouGenius the right to use this feedback for improving its offerings without any obligation or compensation.

32. Third-Party Services

The Service may contain [or may send you through or to] links to non-Company websites, applications, and/or software [“Third Party Sites”]. We are not responsible for such Third-Party Sites or for any content posted on, available through, or installed from such Third-Party Sites, Inclusion of, linking to, or permitting the use or installation of such Third-Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third-Party Sites accessed through use of the Service. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third-Party Site. You are solely responsible for compliance with any terms and conditions that apply to Third Party Sites.

34. Entire Agreement

These Subscription Terms and Conditions constitute the entire agreement between the parties and supersede any prior understandings, agreements, or communications, whether oral or written.

35. Interpretation

The headings and titles used in these terms are for convenience only and shall not be used to interpret or construe the provisions of this agreement.

36. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF ANY PART OF THE SERVICE IS SOLELY AT YOUR RISK. THE SERVICE AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUGENIUS PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUGENIUS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY INTERRUPTION OR UNAVAILABILITY OF THE SERVICE FOR ANY REASON.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: [I] USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; [II] SERVER FAILURE OR DATA LOSS; [III] CORRUPTED FILES; [IV] UNAUTHORIZED ACCESS TO APPLICATIONS; OR [V] ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ASSETS.

YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON YOUGENIUS. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, YOUGENIUS MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE HAPPY MONDAY PLATFORM. 


YouGenius is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software, blockchains, or any other features of Releases. YouGenius is not responsible for sustained losses due to late reports by developers or representatives [or no report at all] of any issues with the Site supporting Releases including forks, technical node issues or any other issues having fund losses as a result.


  1. Arbitration

For any claim [excluding claims for injunctive or other equitable relief] where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such dispute shall be finally settled in Los Angeles County, California using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. then in effect. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable arbitration rules. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.


  1. Copyright Dispute

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA [posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf]. The address of our Designated Agent to Receive Notification of Claimed Infringement [“Designated Agent”] is listed at the end of this section. It is our policy to [1] block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and [2] remove and discontinue service to repeat offenders.

  1. Procedure for Reporting Copyright Infringements:
    If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  2. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  3. Identification of works or materials being infringed;

  4. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

  5. Contact information about the notifier including address, telephone number and, if available, email address;

  6. A statement that the notifier has a good faith belief that the material identified in [3] is not authorized by the copyright owner, its agent, or the law; and

  7. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

    1. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
      It is our policy:

      1. to remove or disable access to the infringing material;

      2. to notify the content provider, member or user that it has removed or disabled access to the material; and

      3. that repeat offenders will have the infringing material removed from the system and we will terminate such content provider’s, member’s, or user’s access to the Services.

  1. Procedure to Supply a Counter-Notice to the Designated Agent:

    1. If the content provider, member, or user believes that the material that was removed [or to which access was disabled] is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

      1. A physical or electronic signature of the content provider, member or user;

      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

      3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

      4. Content provider’s, member’s, or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or user’s address is located, or, if the content provider’s, member’s, or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

Please contact our Designated Agent at the following address:

info@happymondayent.com

Repeat Infringers

We will promptly terminate without notice any user's access to our service if that user is determined by us to be a repeat infringer. 


  1. General Provisions

These Terms, any supplemental policies, and any documents expressly incorporated by reference herein contain the entire understanding of you and Company, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service. No failure or delay by the Company in exercising any right, power or privilege under these Terms and the Privacy Policy will operate as a waiver thereof, nor will any single or partial exercise by the Company of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and the Privacy Policy. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Company.

You agree that your remedies for any breaches of this Agreement by the Company will be limited to an action for damages and not for injunctive or other equitable relief, except that the Company is not precluded from seeking injunctive or other equitable relief in cases of actual or threatened infringement, misappropriation or violation of the Company's intellectual property rights. YouGenius may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of YouGenius. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of YouGenius. These Terms are not intended to give rights to anyone except you and YouGenius. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section. These Terms, together with the Privacy Policy, and any other terms, exhibits, attachments, and schedules attached thereto and disclosed to you, constitute the entire agreement between you and YouGenius with respect to your use of the Site and Service, and supersede any prior agreement between you and YouGenius. Any modifications to this Agreement must be made in writing.


40. Language

These Subscription Terms and Conditions are drafted in English. If translated into any other language, the English version shall prevail in case of any discrepancies.


41. Contact Information 

For any questions, concerns, or inquiries regarding this Agreement or YouGenius's services, clients may contact YouGenius at info@yougenius.co.