ReviewTube Terms of Service Agreement
Version: 18 September 2019
This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between ReviewTube. (“ReviewTube,” “we,” “us,” or “our”) and you, our customer (“you” or “your”).
ReviewTube provides you access to searchable product and services review videos and connected brand content (collectively, the “Services”). This Agreement governs your use of our Services.
All videos embedded on our website are hosted by 3rd party video sharing platform YouTube. We do not host videos on our website and remain truly appreciate for the video sharing services provided by YouTube. We only embed and allow sharing of videos on our website in strict compliance with YouTube’s terms of service.
- Our Services
- Acceptable Use Policy
- Uploading – Video Titles and Product Classification
- Licenses Granted by You
- Your Obligations
- Term and Termination
- Limitation of Liability
- General Provisions
By creating an account, viewing videos or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorised to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- View videos
- Upload videos (embed links) copied from 3rd party video sharing platform YouTube, subject to YouTube terms and conditions of use; and
- Use all related functionality that we may provide.
We may change our website features from time to time.
Transactions: We may offer digital goods for sale.
Monetization: We do not prevent you from obtaining advertising revenue (e.g. Google AdWords) from your own YouTube videos embedded on our site.
Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores.
Developer Tools: We may offer application programming interfaces (“APIs”) that allow developers to build applications connected to our Services.
Enterprise Services: We may offer Services pursuant to an individually negotiated agreement.
Registration: You may create an account to use certain features we offer (e.g. uploading product review videos). To do so, you must provide an email address. You consent to receive notices from ReviewTube at this email address.
Organisational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profiles.
Age Requirements: You must be at least 13 years old to create an account. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian’s permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Acceptable Use Policy
We may allow you to upload or submit (collectively, to “upload”) content such as videos, comments (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 4. ReviewTube may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
4.1 Copyright Policy
You may only upload video links and content that you have the right to upload and share. Refer to YouTube terms and conditions of use. https://www.youtube.com/t/terms.
Copyright owners may send ReviewTube notices if they believe their rights are being infringed in some way. As we do not host the videos, any takedown requests should be raised with the 3rd party video hosting entity in the first instance. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe copyright.
Copyright owners should take notice that they can restrict video uploads from 3rd party video sharing sites by enabling a video privacy setting or by disabling downloading or embedding, which will limit video distribution.
4.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims
- Depicts or encourages self-harm; or
- Violates any applicable law.
Please see our Community and Video Posting Guidelines for further information.
4.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Cause or encourage others to do any of the above.
5. Uploading – Video Titles and Product Classification
All videos you upload must meet certain brand and product description details as requested by our site. Furthermore, your videos uploaded must meet given product classification categories. We reserve the right to amend or reclassify your video if it fails to meet these requirements.
6. Licenses Granted by You
As between you and ReviewTube, you retain ownership of all intellectual property rights in and to the content you upload. Such rights are held subject to the 3rd party video sharing sites hosting the video. In order to allow ReviewTube to aggregate and make your content easily searchable on our site, you grant ReviewTube the permissions set forth below.
6.1 Your Video Content
By uploading a video, you grant ReviewTube permission to:
- Embed the video on our site;
- Share or distribute the video to 3rd parties;
- Make the video available for download;
- Where possible, transcode the video (create compressed versions of your video file that are optimized for viewing); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
The license period begins when you submit the video to ReviewTube and ends when you or ReviewTube delete it; provided that ReviewTube may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when ReviewTube in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant ReviewTube permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
6.3 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant ReviewTube a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to ReviewTube on improving or products or services, ReviewTube may use your suggestions without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to ReviewTube; rather, any breach of a term by ReviewTube hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through ReviewTube, you represent and warrant that:
- You have the right to submit the content to ReviewTube and grant the licenses herein;
- ReviewTube will not need to obtain licenses from any third party or pay royalties to any third party with respect to permitted distribution of the content;
- The content does not, and will not, infringe any third party’s rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless ReviewTube and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. With respect to Basic (free) memberships, ReviewTube may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, ReviewTube may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If ReviewTube deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
REVIEWTUBE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, REVIEWTUBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, ReviewTube makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- Concerning any content submitted by our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) REVIEWTUBE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) REVIEWTUBES’S TOTAL LIABILITY TO YOU, EXCEPT FOR REVIEWTUBES’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO REVIEWTUBE OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (AU $100), WHICHEVER IS GREATER.
11. General Provisions
Jurisdiction: This Agreement will be governed by the laws of the State of Queensland in Australia. Any action relating to this Agreement or your use of our Services must be commenced in Queensland, Australia and you consent to the exclusive jurisdiction of the courts in Queensland, Australia.
Reservation of Rights, Severability, Force Majeure: ReviewTube reserves all rights not expressly granted herein. ReviewTube’s rights and remedies are cumulative. No failure or delay by ReviewTube in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. ReviewTube will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and ReviewTube are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by ReviewTube or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not ReviewTube, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of ReviewTube. If you have a signed agreement with ReviewTube, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.