A. By entering and visiting and/or using the www.abusedtube.com website or any of the www.abusedtube.com products, features, data feeds and related services provided either on, from or through use of sharing features from the www.abusedtube.com website, you hereby certify under unsworn declaration your agreement to these terms and conditions set forth. If you do not agree to any of these terms, please do not use the services offered by www.abusedtube.com.
A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of www.abusedtube.com, including but not limited to all products, software and services offered via the www.abusedtube.com website, such as the User Created channels, the "Embeddable" sharing features, the www.abusedtube.com User Upload and Download options along with any other applications available to service users.
B. www.abusedtube.com contains links to sites, which are controlled by third parties. Those linked sites are not under the control of site owner and site owner is not responsible for the contents of any linked site or any link contained in a link site. Porn Camp is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.abusedtube.com of any linked site. In addition, www.abusedtube.com will not and cannot censor or edit the content of any third-party site. Pursuant to the terms of service the user understands that the act of clicking on a third party link is the act of leaving the site. By using the Service, you expressly relieve www.abusedtube.com from any and all liability arising from your use of any third-party website.
3. www.abusedtube.com Accounts:
A. In order to access some features of the Service, you will have to create a www.abusedtube.com 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 www.abusedtube.com immediately of any breach of security or unauthorized use of your account.
B. Although www.abusedtube.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of www.abusedtube.com or others due to such unauthorized use.
4. General Use - Permissions and Restrictions
www.abusedtube.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without www.abusedtube.com's prior written authorization, unless www.abusedtube.com makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means www.abusedtube.com may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain www.abusedtube.com's prior written approval:
D-1. The sale of access to the Service;
D-2 The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
D-3 The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from www.abusedtube.com appears on the same page and is of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
E-1. Uploading an original video to www.abusedtube.com, or maintaining an original channel on www.abusedtube.com, to promote your business or artistic enterprise;
E-2. Showing www.abusedtube.com videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
E-3. Any use that www.abusedtube.com expressly authorizes in writing.
F. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Porn Camp website.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the www.abusedtube.com 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. Notwithstanding the foregoing, www.abusedtube.com 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. www.abusedtube.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
H. In your use of the Service, you will comply with all applicable laws.
I. www.abusedtube.com reserves the right to discontinue any aspect of the Service at any time.
5. Content and Conduct:
A. As a www.abusedtube.com account holder you may submit Content to the Service, including videos, photos, content channels and user comments. You understand that www.abusedtube.com does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Porn Camp all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Porn Camp, you hereby grant www.abusedtube.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and www.abusedtube.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that www.abusedtube.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant www.abusedtube.com all of the license rights granted herein.
E. www.abusedtube.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and www.abusedtube.com expressly disclaims any and all liability in connection with Content. www.abusedtube.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Porn Camp will remove all Content if properly notified that such Content infringes on another's intellectual property rights. www.abusedtube.com reserves the right to remove Content without prior notice.
F. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that www.abusedtube.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 www.abusedtube.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless www.abusedtube.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Account Termination Policy:
A. www.abusedtube.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. Ability to Accept Terms of Service:
You affirm that you are either more than 18 years of age 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 18, as the Service is not intended for minors under 18. If you are under 18 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless www.abusedtube.com, 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 Service; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
7. Copyright and Digital Millennium Copyright Act (DMCA)
A. www.abusedtube.com respects the rights of copyright holders and publishers and requires all users to confirm they own the copyright or have permission from the copyright holder to upload content. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws and promptly remove content when properly notified.
B. Repeat infringers' videos are removed and their accounts are terminated and permanently blocked from using www.abusedtube.com. Users with suspended or terminated accounts are prohibited from creating new accounts or accessing www.abusedtube.com's community features.
www.abusedtube.com qualifies as a Service Provider within the meaning of 17 U.S.C. §512(k)(1) of the Digital Millennium Copyright Act of 1998 also known as DMCA . Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the "safe harbor" provisions. We respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA, and have adopted the following policy relating to claims of copyright infringement by our customers, subscribers or users.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent, identified below with the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2) A description of the copyrighted work or other intellectual property that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on thewww.abusedtube.com, including any and all specific url's associated with the material;
4) Your address, telephone number, and email address;
5) 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your notice of claimed infringement via e-mail to: dmca ~AT~www.abusedtube.com
Please do not send other inquires or information to our designated agent, this department serves no other role in the operation of this website.
Abuse Notification. Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. §512(f) . These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents - not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent .