|
1. Eligibility.
You must be thirteen (13) or over to register as a member of 9jaTube or use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Terms.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. So also 9jaTube may terminate your Membership at any time, without warning due to breached in agreement
3. Your Acceptance.
Welcome to 9jaTube. By using the 9jaTube website you agree to be bound by these Terms of Use; whether or not you register as a member. If you wish to become a Member and communicate with other Members and make use of the 9jaTube service, read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by 9jaTube from time to time. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version on the 9jaTube website. Upon request a copy of this Terms and Agreement can be obtain by emailing us at:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
If you do not agree to any of these terms, please do not use the 9jaTube website.
4. 9jaTube Website.
A. These Terms of Service apply to all users of the 9jaTube Website, including users who are also contributors of video content, information, and other materials or services on the Website. The 9jaTube Website includes all aspects of 9jaTube, including but not limited to all products, software and services offered via the website such as the 9jaTube forum, the 9jaTube "Embeddable Player," the 9jaTube "Uploader" and other applications.
B. The 9jaTube Website may contain links to third party websites that are not owned or controlled by 9jaTube. 9jaTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 9jaTube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve 9jaTube from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the 9jaTube Website and to read the terms and conditions and privacy policy of each other website that you visit.
5. 9jaTube Accounts.
A. In order to access some features of the Website, you will have to create a 9jaTube account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 9jaTube immediately of any breach of security or unauthorized use of your account.
B. Although 9jaTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 9jaTube or others due to such unauthorized use.
6. General Use of the Website— Restrictions and Permission.
The following is a partial list of the kind of Content that is illegal or restricted on the Website. 9jaTube reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
-
Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- Contains restricted or password only access pages, or hidden pages or images
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You agree not to use the Website, including the 9jaTube Embeddable Player for any commercial use, without the prior written authorization of 9jaTube.
- 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 9jaTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- 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.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses unless otherwise stated in some area(s) of the 9jaTube website.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although 9jaTube cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation. 9jaTube reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which 9jaTube deems appropriate in its sole discretion
7. Non Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
8. Proprietary Rights in Content on 9jaTube.
9jaTube owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of 9jaTube, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
9. Content Posted on the Site.
A. You understand and agree that 9jaTube may review and delete any content, messages, 9jaTube Messenger messages, photos or profiles that in the sole judgment of 9jaTube violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
B. You are solely responsible for the Content that you publish or display on the Service, or transmit to other Members.
C. By posting Content to any public area of 9jaTube, you automatically grant, and you represent and warrant that you have the right to grant, to 9jaTube an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
10. Copyright.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; 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.
11. Disclaimers.
9jaTube is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. 9jaTube is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. 9jaTube assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. 9jaTube is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will 9jaTube be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
12. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will 9jaTube be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if 9jaTube has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, 9jaTube liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 9jaTube for the Service during the term of membership.
13. Indemnity.
You agree to indemnify and hold 9jaTube, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Termination.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
|