TERMS AND CONDITIONS – Faceless Niches
Effective date: 1st November 2023
1. Introduction
Welcome to Faceless Niches. These Terms and Conditions govern your use of our website and services at www.facelessniches.com (the "Site"), which is owned and operated by Faceless Niches ("we", "us", or "our"). By accessing our Site, registering an account, or using our services, you agree to be bound by these Terms and Conditions and all applicable laws and regulations.
2. Eligibility and Acceptance of Terms
To use the services provided by Faceless Niches, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. By using our Site, you represent and warrant that you meet these age requirements and that you accept these Terms and Conditions. If you do not agree to these terms, please do not use our Site or services.
3. Service Overview
Faceless Niches operates as a digital platform, akin to a blog but uniquely accessible behind a paywall. Upon payment, users are granted exclusive access to our database of niches, each meticulously analyzed by a YouTube Automation Expert, complete with an actionable plan. Our services are designed to provide valuable insights for YouTube Automation, also known as Faceless YouTube channels, and are available to users globally upon subscription.
4. User Accounts and Membership
To access our Services, you must register for an account on our Site. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Faceless Niches reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
5. Fees and Payments
Access to our Services requires a one-time payment, granting lifetime access to our database of niches. All payments are processed securely and must be completed before access to the Service is granted.
Payment for the Services must be made in advance. We accept various payment methods, including Klarna for after payments. Please note that all payments are subject to the laws and financial regulations of The Netherlands.
6. Intellectual Property Rights of Faceless Niches
All content published and made available on our Site, including texts, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Faceless Niches and is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, transmit, display, perform, or create derivative works from any of the content found on the Site without the prior written consent of Faceless Niches.
7. User Content and Conduct
As a user of Faceless Niches, you may have the opportunity to create or upload content. You are solely responsible for the content that you post, upload, link to, or otherwise make available via the Service. You agree that you will not engage in or use the Service for any unlawful activities, including but not limited to copyright infringement, violation of intellectual property rights, or any other conduct that could give rise to civil liability or criminal prosecution.
8. Prohibited Activities
You are strictly prohibited from engaging in any activity that Faceless Niches deems inappropriate or that might be illegal or cause harm to others or to Faceless Niches. This includes, but is not limited to:
- Unauthorized sharing or distribution of content from the Site.
- Accessing the Site or Services through automated means without our permission.
- Interfering with the security or proper working of the Site.
- Using the Site or Services to transmit viruses or other harmful computer code.
- Attempting to reverse engineer or jeopardize the correct functioning of the Site or Services.
- Engaging in any activity that would constitute a breach of privacy or public rights.
- Using the Site to send unsolicited email advertisements or spam.
9. Access to Paid Content
Upon receipt of your payment, you will be granted access to our premium content behind the paywall. This content is proprietary and confidential. You agree not to disclose, share, or distribute any part of the premium content to any third party. Violation of this provision may result in immediate termination of your access to the Services and may subject you to legal action.
10. Delivery of Digital Content
Delivery of Digital Content As we provide digital content and services, there is no physical delivery involved. Access to our Services is granted electronically via our Site. There are no delivery charges applicable to our Services.
11. No-Refund Policy
Due to the digital nature of our products and services, we follow a no-refund policy. By completing your purchase, you expressly acknowledge that you waive any right to a refund or to withdraw from the transaction once access to the digital content is provided. This acknowledgment is an integral part of the purchasing process.
12. Cancellation Policy
While we offer lifetime access to our Services, you may choose to cancel your account at any time. To cancel, simply refrain from logging in or contact us to request account deletion. We reserve the right to delete any account for operational reasons. Please note that account cancellation does not entitle you to a refund, as per our No-Refund Policy.
13. Account Cancellation and Termination
You may cancel your account and terminate these Terms and Conditions at any time by contacting us with such request. Faceless Niches also reserves the right to suspend or terminate your account and access to the Services at any time, without notice, in the event of your breach of these Terms and Conditions, or for any other reason.
14. Use of Service
The Service is provided for your personal and non-commercial use only. You may not use the Service for any other purpose without our express written consent. You agree not to copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
15. Service Availability
While we strive to keep the Service up and running at all times, Faceless Niches cannot guarantee uninterrupted access to our Site or Services. We may need to temporarily suspend access for technical reasons or to carry out maintenance. We will attempt to provide reasonable notice of any planned interruptions and restore access as soon as possible.
16. Restrictions on Use of Services
You are expressly prohibited from sharing any information, data, or content that you access through our paid services with any third party. A violation of this provision will result in a penalty of €20,000 and immediate termination of your account.
17. Account Sharing and Security
The account you create with Faceless Niches is personal to you and may not be shared with or transferred to any other person. You are responsible for maintaining the confidentiality of your account information, including your password. Unauthorized account sharing may result in a penalty of €20,000 and termination of your account.
18. Modifications to Service and Terms
Faceless Niches reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We also reserve the right to change these Terms and Conditions at any time. Your continued use of the Site after such changes constitutes your acceptance of the new Terms and Conditions.
19. User Responsibilities
As a user of Faceless Niches, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Faceless Niches immediately of any unauthorized use of your account or any other breach of security. Faceless Niches will not be liable for any loss or damage arising from your failure to comply with this section.
20. Penalties for Unauthorized Use
Any unauthorized use of the Site or Services, including but not limited to unauthorized entry into Faceless Niches' systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. If you violate the terms of this section, you may incur civil liability and/or face criminal prosecution. Faceless Niches reserves the right to seek all remedies available by law and in equity for such violations.
21. Disclaimer of Earnings
Faceless Niches provides information and opinions on potential YouTube niches based on our expertise and experience. These insights represent our perspective and are not guaranteed to be definitive truths or facts. Any discussions of potential earnings are estimates and should not be taken as promises or guarantees of actual income. Past performance in any niche does not necessarily predict future results. You are responsible for conducting your own due diligence and bear all risks associated with the pursuit of any niche. Faceless Niches shall not be liable if you do not achieve the earnings potential discussed.
21. Disclaimer of Warranties
Faceless Niches provides the Site and Services on an "as is" and "as available" basis. We do not represent or warrant that the Site or Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We make no warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
22. Limitation of Liability
To the fullest extent permitted by applicable law, Faceless Niches shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site; (c) any content obtained from the Site; and (d) unauthorized access, use, or alteration of your transmissions or content.
23. Indemnification
You agree to defend, indemnify, and hold harmless Faceless Niches, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site and Services; (b) your violation of these Terms and Conditions; or (c) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right.
24. Affiliate Program
Faceless Niches may offer an affiliate program that allows users to earn commissions by referring new customers to our Services. You agree to comply with our affiliate program.
25. Intellectual Property Infringement Claims
If you believe that your intellectual property rights have been infringed upon by our Site or Services, please notify us by sending a detailed message outlining your claim. Faceless Niches respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to clear notices of alleged copyright or other intellectual property infringements.
26. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Faceless Niches related to these Terms and Conditions will be brought exclusively in a court of competent jurisdiction located in The Netherlands.
27. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties shall attempt, in the first instance, to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable time period, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
28. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Faceless Niches regarding the use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
29. Contact and Notices
Any questions, concerns, or notices regarding these Terms and Conditions should be directed to Faceless Niches at the contact information provided on our Site. All notices to Faceless Niches must be delivered in writing conventional mail to the addresses listed on the Site.