TERMS OF USE
THESE TERMS OF USE ("TERMS") SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE "Tubidy.li" (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE Tubidy.li WEBSITE, THE "WEBSITE"), PUBLISHED BY TUBIDY LIMITED ("Tubidy"). BY ACCESSING/VISITING OR USING THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF Tubidy, (INCLUDING BUT NOT LIMITED TO, Tubidy'S PRIVACY POLICY). IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO Tubidy THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.
DESCRIPTION OF THE WEBSITE
Tubidy.li is an original free video hosting website that enables users to access, view, upload, store and share their personal videos. Users are granted unlimited storage space but for bandwidth cost-control each video is limited to a duration of 16 minutes and size of 100 MB. Because the Website is not designed as a video back-up service, you are responsible for taking all necessary precautions to safeguard your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Website.
YOUR INTELLECTUAL PROPERTY RIGHTS
You should have been registered and have a Tubidy.li account to upload video files you create. As soon as you upload a video, your will be accessible to other users, you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit your content on or through the Website and any other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles), now known or later developed, for the entire period in which your content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted " including Your Content " cannot be protected against the risks of misappropriation and/or piracy, for which Tubidy.li shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which Your Content is hosted, you grant Tubidy.li the non-exclusive, royalty free right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission.
OTHER USERS INTELLECTUAL PROPERTY RIGHTS
Other users of the Website have provided other content subject to these Terms of Use and other notices and policies set forth on the Website. You may access other users" content solely: for your information and personal use, as intended through the normal functionality of the Website and for Streaming. "Streaming" means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user"s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user"s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
OUR INTELLECTUAL PROPERTY RIGHTS
The content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the "Tubidy.li Content"), is the exclusive property of Tubidy and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Tubidy.li Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Tubidy. You agree to not use or exploit the Tubidy.li Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Tubidy.li Content. All rights not expressly granted in the Terms are reserved to Tubidy and its licensors.
LIMITATION OF LIABILITY
Nothing in these Terms shall exclude or limit Tubidy.li's liability for losses which may not be lawfully excluded or limited by applicable law. Tubidy.li shall not be liable to you for any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; any changes which Tubidy.li may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service; your failure to provide Tubidy.li with accurate account information; your failure to keep your password or Tubidy.li account details secure and confidential. The limitations on Tubidy.li's liability to you shall apply whether or not Tubidy.li has been advised of or should have been aware of the possibility of any such losses arising.
COPYRIGHT NOTIFICATIONS
Tubidy.li does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove content uploaded by users, if properly notified that such content infringes on another's intellectual property rights. Tubidy.li reserves the right also to terminate a user's account, if they are determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the written information specified below to [email protected] : " A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed " A description of all of the copyrighted works that you claim has been infringed upon " A description of where the material that you claim is infringing is located on the Tubidy.li website, including, a URL of the specific location of the infringing material " Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address " A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and " A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner"s behalf.
REGISTRATION AND ACCESS
Registration
In order to use many of the Website's features, you must set up an account using the online registration form. You may access your account by clicking login on the homepage and you can enter your username and password in the login fields on the login page. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of Tubidy.li may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
Ability to Accept Terms & Conditions
Children under the age of 13 are not permitted to register with Tubidy.li . It is Tubidy.li's policy not to collect any information from anyone under the age of 13. You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms. In any event, You warrant that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Tubidy.li website at any time or in any manner. If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Tubidy.li, please send an e-mail to Tubidy.li for instructions on how to cancel your child"s registration. In the e-mail, please include your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your e-mail address and a signed statement that you are the child's parent or legal guardian. Tubidy.li reserves the right to seek additional information to verify your identity and status in relation to the child. Tubidy.li will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
PROOF, RETENTION AND STORAGE
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
CONTENT RESTRICTIONS
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography;
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Exploits minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
LINKS
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Tubidy.li has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Tubidy.li.
ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from Tubidy.li solely through electronic transmission. You agree that, when in the future you click on "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
AMENDMENTS/REVISIONS
Tubidy.li may amend or revise the Terms or any other policy of Tubidy.li at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Website from time to time to review the most current Terms and other Tubidy.li policies. Tubidy.li does not and will not assume any obligation to notify you of changes to the Terms or any other policy of Tubidy.li.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between Tubidy and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tubidy with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
