A. By using and/or visiting this website (collectively, including all content and functionality available through the MallusTUBE.com domain name and any country-specific domains or subdomains thereof, the "MallusTUBE Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) MallusTUBE's privacy notice, found at http://www.MallusTUBE.com/page.php?page=3 and incorporated here by reference, and (3) MallusTUBE's Community Guidelines, found at http://www.MallusTUBE.com/page.php?page=3 and also incorporated here by reference ("Agreement"). If you do not agree to any of these terms, the MallusTUBE privacy notice, or the Community Guidelines, please do not use the MallusTUBE Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.MallusTUBE.com/page.php?page=3). MallusTUBE may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. The Terms form a legally binding agreement between you and MallusTUBE in relation to your use of the Services. It is important that you take the time to read them carefully.
A. These Terms of Service apply to all users of the MallusTUBE Website, including users who are also contributors of video content, information, and other materials or services on the Website. The MallusTUBE Website includes all aspects of MallusTUBE, including but not limited to all products, software, and services offered via the website such as MallusTUBE channels, the MallusTUBE "Embeddable Player", the MallusTUBE "Uploader" and other applications.
B. The MallusTUBE Website may contain links to third party websites that are not owned or controlled by MallusTUBE. MallusTUBE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites and does not endorse any advertising, products or other materials on or available from, such websites. In addition, MallusTUBE will not and cannot censor or edit the content of any third-party site. By using the Website, You acknowledge and agree that MallusTUBE is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
C. Accordingly, we encourage you to be aware when you leave the MallusTUBE Website and to read the terms and conditions and privacy policy of each other website that you visit.
D. Language of the Terms
1. Where MallusTUBE provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with MallusTUBE.
2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
E. Changes to the Terms
1. MallusTUBE may make changes to the Terms from time to time. When these changes are made, MallusTUBE will make a new copy of the Terms available at http://www.MallusTUBE.com/page.php?page=3
2. You understand and agree that if you use the Services after the date on which the Terms have changed, MallusTUBE will treat your use as acceptance of the updated Terms.
3. You should check the Terms regularly for changes.
A. In order to access some features of the Website, you will have to create a MallusTUBE account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree that you are solely responsible (to MallusTUBE and any third party) for the activity that occurs under your MallusTUBE account, and you must keep your account password secure and confidential. You must notify MallusTUBE immediately of any breach of security or unauthorized use of your MallusTUBE account that you become aware of. You agree that MallusTUBE has no responsibility to you or to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which MallusTUBE or any third party may suffer) of any such breach.
B. Although MallusTUBE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MallusTUBE or others due to such unauthorized use.
MallusTUBE hereby grants you permission to access and use the Website, subject to these Terms of Service, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without MallusTUBE's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to MallusTUBE's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or other content made available on the Website including MallusTUBE Content through any technology or means other than the video playback pages of the Website itself, the MallusTUBE Embeddable Player, or such other means as MallusTUBE may designate for this purpose.
D. You agree not to use the Website, including the MallusTUBE Embeddable Player for any commercial use, without the prior written authorization of MallusTUBE. Prohibited commercial uses include (but shall not be limited to) any of the following actions taken without MallusTUBE's express approval:
E. Prohibited commercial uses do not include:
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the MallusTUBE Embeddable Player on your website, you must include a prominent link back to the MallusTUBE website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. If you use the MallusTUBE Uploader, you agree that it may automatically download and install updates from time to time from MallusTUBE. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MallusTUBE to deliver these to you) as part of your use of the Uploader.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MallusTUBE servers in a given period of time than a human can reasonably produce in the same period by using a publicly available conventional web browser. Notwithstanding the foregoing, MallusTUBE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MallusTUBE reserves the right to revoke these exceptions either generally or in specific cases.
I. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
J. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, MallusTUBE Community Guidelines, and all applicable local, national, and international laws and regulations.
K. MallusTUBE reserves the right to discontinue (permanently or temporarily) any aspect of the MallusTUBE Website at MallusTUBE's sole discretion, at any time without prior notice to you. You acknowledge and agree that the form and nature of the Services which MallusTUBE provides may change from time to time without prior notice to you.
L. You may stop using the Services at any time. You do not need to specifically inform MallusTUBE when you stop using the Services.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MallusTUBE Website.
A. The content on the MallusTUBE Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MallusTUBE, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MallusTUBE reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the MallusTUBE Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily) copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal non-commercial use solely as intended through the normal functionality of the MallusTUBE Service. User Comments are made available "as is", and may not be used, downloaded (either permanently or temporarily) copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MallusTUBE Service or otherwise as prohibited under this Agreement.
D. You may access MallusTUBE Content, User Submissions and other content only as permitted under this Agreement. MallusTUBE reserves all rights not expressly granted in and to the MallusTUBE Content and the MallusTUBE Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the MallusTUBE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MallusTUBE Website or the Content therein.
G. You understand that when using the MallusTUBE Website, you will be exposed to User Submissions from a variety of sources, and that MallusTUBE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MallusTUBE with respect thereto, and agree to indemnify and hold MallusTUBE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a MallusTUBE account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MallusTUBE does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MallusTUBE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions for the purpose of the provision of Services by MallusTUBE and otherwise to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. User Submissions: Ownership and License - For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MallusTUBE, you hereby grant MallusTUBE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of including adaptations of, display, and perform the User Submissions in connection with the MallusTUBE Website and MallusTUBE's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MallusTUBE Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MallusTUBE Website a worldwide, royalty-free, non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works including adaptations of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the MallusTUBE Service. You understand and agree, however, that MallusTUBE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant MallusTUBE all of the license rights granted herein.
F. MallusTUBE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MallusTUBE expressly disclaims any and all liability in connection with User Submissions. MallusTUBE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MallusTUBE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MallusTUBE reserves the right to remove Content and User Submissions without prior notice.
A. MallusTUBE will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
2. MallusTUBE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3. MallusTUBE is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
4. the provision of the Services to you by MallusTUBE is, in MallusTUBE's opinion, no longer commercially viable.
B. MallusTUBE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, inciting violence on the basis of religion, language, place of origin, or caste, or excessive length. MallusTUBE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
C. If you want to terminate your legal agreement with MallusTUBE, you may do so by (a) notifying MallusTUBE at any time and (b) closing your MallusTUBE account. Your notice should be sent, in writing, to MallusTUBE's address which is set out at the beginning of these Terms.
B. As part of MallusTUBE's copyright policy, MallusTUBE will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
YOU AGREE THAT YOUR USE OF THE MallusTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MallusTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MallusTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MallusTUBE WEBSITE. MallusTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MallusTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MallusTUBE 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL MallusTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MallusTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT MallusTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MallusTUBE from its facilities in the United States of America. MallusTUBE makes no representations that the MallusTUBE Website is appropriate or available for use in other locations. Those who access or use the MallusTUBE Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MallusTUBE, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MallusTUBE Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MallusTUBE Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MallusTUBE Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MallusTUBE Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MallusTUBE without restriction.
You agree that: (i) the MallusTUBE Website shall be deemed solely based in California; and (ii) the MallusTUBE Website shall be deemed a passive website that does not give rise to personal jurisdiction over MallusTUBE, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MallusTUBE that arises in whole or in part from the MallusTUBE Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at and any other legal notices published by MallusTUBE on the Website, shall constitute the entire agreement between you and MallusTUBE concerning the MallusTUBE Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MallusTUBE's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MallusTUBE reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MallusTUBE Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MallusTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MallusTUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.