TERMS & CONDITIONS
Your acceptance of these Terms
By using the Service, you are agreeing to be bound by these Terms. If you do not agree with these Terms, then please do not use the Service. Your continued use of the Service following the posting of changes to these Terms will be deemed as your acceptance of those changes. If you are accessing and using the Service on behalf of a company (such as your employer) or another legal entity, then you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
Changes to the Terms and/or Service
OurTube has the discretion to update these Terms at any time. When we do, we will revise the updated date at the bottom of this page. It is important that you frequently review the Terms for any changes to stay informed. By using the Service, you acknowledge and agree that it is your responsibility to review the Terms periodically to become aware of modifications. As our Service is constantly evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Who may use the Service?
Users can use the Service either anonymously or through a registered account ("Account").
You may use the Service anonymously only if you are aged 16 years or over and are not barred from using the Service under any applicable law. If you are aged 16 years or over, but still a minor or lack the required legal capacity to enter into a contract where you live, then you must have a parent or legal guardian's permission to use the Service, and your parent or legal guardian must agree to be bound by these Terms on your behalf.
If you want to use certain features of the Service, such as commenting, subscribing, uploading, importing or voting on content, then you will have to register an Account. It is important that you provide us with an accurate email or you cannot activate your account. You agree that you will notify us immediately of any unauthorised use of your Account. You are responsible for all activities on your Account, whether or not you know about them.
To register an Account on the Service you will be required to confirm the following:
That you are aged 16 or over,
We do not tolerate spammers on OurTube. If our staff detect unusual behaviour on your account then your account will be suspended and will not be activated again until you can justify your actions for spamming our comments system. If you cannot provide just cause then we may deactivate your account.
Feedback on the Service is always welcome. If you have any comments, feedback or suggestions for the Service, then you can submit them by emailing us at firstname.lastname@example.org or click here.
For the purposes of these Terms, "Content" refers to all text, graphics, images, music, software, audio, video, media, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service.
Ownership, Responsibility and Removal
OurTube does not claim any ownership rights to any Content posted to the Service. Nothing in these Terms will be deemed sufficient to restrict any rights that you may have to use and exploit your Content via the Service or elsewhere.
OurTube and its licensors exclusively own all rights, titles and interest in and to the services and Content that form the base of the Service, including all associated intellectual property rights. You acknowledge that this Service and Content are protected by copyright, trademark and other laws. Furthermore, you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. OurTube reserves the right to restrict or remove any Content posted to the Service that does not comply with these Terms.
Content Rights Granted by You
By making any Content available through the Service you grant to OurTube a worldwide, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform and distribute your Content in order to operate, provide and promote the Service and Content to you and other users of the Service.
You are solely responsible for all of your Content. You represent and warrant that you own all of your Content or you have all rights that are necessary to grant us the license rights in your Content under these Terms. You also represent and warrant that your Content, your use and provision of your Content to be made available through the Service, and any use of your Content by OurTube on or through the Service will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as comments or messages you make) may not be completely removed and copies of your Content may continue to exist on the Servers. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Content.
Content Rights Granted by OurTube
Subject to your compliance with these Terms, OurTube grants you a limited, non-exclusive, non-transferable, none sub-licensable license to view, copy, display and perform the Content solely in connection with your permitted use of the Service and solely for personal and non-commercial purposes.
You will indemnify, defend and hold harmless OurTube and its affiliates, Directors, employees and support agents, from and against all third-party actions that:
Arise from your activities on the Service, assert a violation by you of any of these Terms, or assert that any content you submitted to the Service violates any law or infringes any third party right, including any intellectual property or privacy right.
Third Party Copyrights and Other Rights
OurTube complies with copyright law and requires you to do the same. It is OurTube's policy to suspend and/or terminate Accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. OurTube has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
If you believe that a copyright you own has been infringed upon, then the following Copyright Notices process should be followed:
If you are a rights owner (or acting on behalf of a rights owner) and believe that any Content infringes your copyright, you must provide us with a written notice which states:
That you are the rights owner or are authorised to act on the rights owner's behalf; That you have identified Content on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content in the manner complained of is not authorised by you, the rights owner's agent or by law; a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); a description of the way in which the copyright material has been infringed; Information reasonably sufficient to permit us to locate the Content in question on the Site (including a URL specifying the date the Site was accessed and/or a screen shot); information that will enable us to contact you, such as your name, telephone number and, if available, an email address (these contact details will also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably); your electronic or physical signature (which may be a scanned copy); and that the information in the notice is true and accurate. Completed notices should be sent via email to email@example.com or click here with a subject line beginning with 'Copyright Notice'. This ‘notice and take down’ procedure is regulated by statute. There may be negative consequences if you falsely allege Content is infringing copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the Content, or whether there has been an infringement of your rights.
If you believe that we have removed Content in error, you may send us a written counter-notice which states:
details of the Content that has been removed or to which access has been disabled; information reasonably sufficient to permit us to know where the material in question had been located on the Site (including a URL and/or screen shot);
a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this; information that will enable us to contact you, such as your name, telephone number and, if available, an email address; and a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place. Completed counter-notices should then be sent via email to firstname.lastname@example.org or click here with a subject line beginning with 'Copyright Counter-Notice'.
Refunds & Returns
Premium membership packages are digital products and therefore considered used upon purchase, as such they are non-refundable.
Loyalty rewards, such as moneys earned on OurTube (If this systems is activated). are paid when the user requests the funds. within 3 working days. However, it is your responsibility to manage your earnings from users who pay you donations.
We may terminate your access to and use of the Service at our sole discretion, at any time and without notice to you. You may cancel your Account at any time from within the Service. Upon any termination, discontinuation or cancellation of the Service or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; Severability; Jurisdiction and this sentence of Termination.
THE SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Limitation of Liability
NEITHER 'OURTUBE 'NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OURTUBE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OURTUBE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR CONTENT) EXCEED THE AMOUNTS YOU HAVE PAID TO OURTUBE FOR USE OF THE SERVICE (OR CONTENT), OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OURTUBE, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OURTUBE AND YOU.
These Terms constitute the entire and exclusive agreement and understanding between OurTube and you/your regarding the Service and Content. These Terms supersede and replace any and all prior agreements or understanding (oral, written or otherwise) between OurTube and you/your regarding the Service or Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without OurTube's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. OurTube may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by OurTube under these Terms, including those regarding modifications to these Terms, will be given by posting to the Service. OurTube's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of OurTube. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any term, clause or provision of these Terms is deemed to be unlawful, void, or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms, and your relationship with OurTube under the Terms, shall be governed by English law. You and OurTube agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that OurTube shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
If you have any questions about the Terms, the Service or the practices of OurTube, please contact us at email@example.com or click here.
This document was last updated on May 11th, 2021.
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