1. Who May Use the Psytube Service
AGE REQUIREMENT: You must be at least 13 years old to use the Psytube Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Psytube Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Psytube Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Psytube Service. If your child is using the Psytube Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Psytube Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the Psytube Service and/or have your parent’s or guardian’s permission, some of the content available within the Psytube Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Psytube Service
LICENSE: Psytube grants you a limited, non-exclusive license to access and use the Psytube Service for your own personal, non-commercial purposes. This includes the right to view content available on the Psytube Service.
COMMERCIAL USE: You may not use the Psytube Service for commercial purposes.
RESTRICTIONS: Except as expressly permitted by Psytube in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Psytube Service or any source code therein. Nor will you attempt to circumvent any of Psytube’s technical measures or take any measures to interfere with or damage the Psytube Service. All rights not expressly granted by Psytube are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Psytube Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Psytube and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Vimeo Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Psytube Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Psytube Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: Psytube may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Psytube determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Psytube’s reputation and goodwill. If Psytube deletes your account for the foregoing reasons, you may not re-register for the Psytube Service. Psytube may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Psytube will terminate. Sections 5 and 10 though 15 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Psytube shall not be responsible for the loss of such content.
6. 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 (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
All videos you submit must also comply with Psytube´s Guidelines, which are incorporated into this Agreement.
7. Code of Conduct
In using the Psytube Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Psytube Site (unless you are an official Psytube partner or advertiser and have a written agreement with Psytube).
Vimeo has the right, but not the obligation, to monitor all conduct on and content submitted to the Psytube Service.
You will indemnify, defend, and hold harmless Psytube and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Vimeo Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Psytube violates any law or infringes any third party right, including any intellectual property or privacy right.
9. Third Party Copyrights and Other Rights
Psytube respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at] psytube[dot]net.
Psytube reserves the right to modify the Psytube Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Psytube Service. Psytube has no obligation to screen or monitor any content and does not guarantee that any content available on the Psytube Service complies with this Agreement or is suitable for all users.
Psytube provides the Psytube Service on an “as is” and “as available” basis. You therefore use the Psytube Service at your own risk. Psytube expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Psytube makes no representations or warranties:
That the Psytube Service will be permitted in your jurisdiction;
That the Psytube Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That any content you submit will be made available on the Psytube Service or will be stored by Psytube;
That the Psytube Service will meet your business or professional needs;
That Psytube will continue to support any particular feature of the Psytube Service; or
Concerning sites and resources outside of the Psytube Service, even if linked to from the Psytube Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Psytube Service, and no warranties shall apply after such period.
11. Limitation of Liability
To the fullest extent permitted by law: (i) Psytube shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Psytube’s total liability to you shall not exceed the amounts paid by you to Psytube over the twelve (12) months preceding your claim(s).
12. General Provisions
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Psytube in exercising any right hereunder will waive any further exercise of that right. Psytube’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Psytube’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Psytube electronically. Psytube may provide all such communications by email or by posting them on the Psytube
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Psytube on the Psytube Site or a written amendment signed by an authorized representative of Psytube. A revised Terms of Service will be effective as of the date it is posted on the Psytube Site.
ENTIRE AGREEMENT: This Agreement incorporates the following
This Agreement constitutes the entire understanding between Psytube and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT
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