1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content
and functionality available through the
Animalstube.com domain name, the "Animalstube Website", or "Website"), you
signify your agreement to
(1) these terms and conditions (the "Terms of Service"),
(2) Animalstube's privacy notice
If you do not agree to any of these terms, the Animalstube privacy notice,
please do not use the Animalstube Website
B. Animalstube , in its sole discretion, may at any time revise or modify
these Terms of Service and policies at any time. You agree to be bound by such
revisions or modifications. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
2. Animalstube Website
A. These Terms of Service shall apply to all users of the Animalstube
Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The Animalstube
Website includes all aspects of Animalstube, including but not limited
to Animalstube channels, Animalstube "Embedded Content,",
Animalstube RSS
feeds, and the Animalstube "Video Submission Service."
B. The Animalstube Website may contain links to third party websites that
are not owned or controlled by Animalstube. Animalstube has no control over,
and accepts no responsibility for the content, policies, or practices of any
such third party websites. In addition it is understood that Animalstube will
not and cannot censor or edit the content of any third-party site. By using the
Website, you expressly relieve Animalstube from any and all liability arising
from your use of any third-party website. We encourage you to be aware when you
leave the Animalstube Website and to read the terms and conditions and privacy
policy of any third-party website that you visit.
3. Animalstube Accounts
A. In order to access some features of the Website, users of the site will
have to create a Animalstube account. You may never use or share another users
account without the express permission of Animalstube. When creating your
account, we require you to provide us with accurate and complete user
information. You are solely responsible for the activity that occurs on your
account, and your account password must be kept secure. If you believe that your
password may have been shared or discovered, or that secuirty on your account
may have been compromised, you must notify Animalstube immediately.
B. Animalstube will not be liable for losses caused by any unauthorized use
of your account. Howeverm you may be liable for the losses of Animalstube or
others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
Animalstube hereby grants you permission to access and use the Website as
set forth in these Terms of Use, provided that:
A. You agree not to access User Submissions (defined below) or
Animalstube
Content through any technology or means other than the video playback pages of
the Website itself, Animalstube Embeddable content, or other explicitly
authorized means Animalstube may deem appropriate. :
B. If you use Animalstube Embeddable content, RSS Feeds or API content on
your website, you must include a prominent attribution and link back to the
Animalstube website on the pages containing the content and you may not modify,
build upon, or block any portion of Animalstube content in any way.
C. 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 is deemed to be sending more request messages to the
Animalstube server in a manner that is not deemed to be 'unreasonable' by
Animalstube This means in a manner that a human visitor cannot reasonably
produce in the same period by using a conventional on-line web browser.
Notwithstanding the following, Animalstube grants the operators of public
search engines for the sole purpose of creating searchable public indices,
permission to use spiders to copy and index materials from the site.
Animalstube reserves the right to revoke these exceptions in specific cases.
You agree not to collect or harvest any personally identifiable information,
including account names, email addresses, or IP addresses from the Website. You
agree not to use the communication systems provided by the Website ( e.g.
comments, email) for any commercial purposes.
D. In your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Service, and all applicable local, national, and
international laws and regulations.
E. Animalstube reserves the right to discontinue any part of the
Animalstube Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of content on the Animalstube
Website.
A. The content on the Animalstube Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the related
video "content" and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to Animalstube, subject to copyright and
other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your informational 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 express written consent of the
respective owners. Animalstube reserves all rights not expressly granted in and
to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Animalstube
Service; and
- for Streaming purposes.
"Streaming" means a contemporaneous digital transmission of an audiovisual
work via the Internet from the Animalstube Service to a user's device in such a
manner that the data is intended for real-time viewing and not intended to be
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
use solely as intended through the normal functionality of the Animalstube
Service. User Comments are made available "as is", and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
downloaded, or otherwise exploited in any manner not intended by the normal
functionality of the Animalstube Service or otherwise as prohibited under this
Agreement.
D. You may access Animalstube Content, User Submissions and other content
only as permitted under this Agreement. Animalstube reserves all rights not
expressly granted in and to the Animalstube Content and the Animalstube
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 Animalstube Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the
Animalstube Website or the Content therein.
G. You understand that when using the Animalstube Website, you will be
exposed to User Submissions from a variety of sources, and that Animalstube 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
Animalstube with respect there to, and agree to indemnify and hold
Animalstube, 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.
6. Your User Submissions and Conduct
A. As a Animalstube 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, Animalstube 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 Animalstube to
use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service.
C. For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to Animalstube, you hereby
grant Animalstube a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Animalstube
Website and Animalstube's (and its successors' and affiliates') business,
including without limitation for promoting and redistributing part or all of the
Animalstube Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the Animalstube
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, 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 Animalstube Service. You understand and agree, however,
that Animalstube 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 permission from their
rightful owner to post the material and to grant Animalstube all of the license
rights granted herein.
E. You further agree that you will not, in connection with User Submissions,
submit material that is contrary to the Animalstube Member guidelines, which
may be updated from time to time, or contrary to applicable local, national, and
international laws and regulations.
F. Animalstube does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Animalstube expressly
disclaims any and all liability in connection with User Submissions.
Animalstube does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Animalstube will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. Animalstube
reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Animalstube will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat infringer.
B. Animalstube 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, or excessive length. Animalstube
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.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Animalstube WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Animalstube, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Animalstube 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 OMISSIONS IN 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 Animalstube WEBSITE. AnimalstubeDOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Animalstube WEBSITE OR ANY
HYPERLINKED WEBSITE OR WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
Animalstube 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.
9. Limitation of Liability
IN NO EVENT SHALL Animalstube, 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
Animalstube WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Animalstube 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.
Those who access or use the Animalstube Website from other jurisdictions do
so at their own volition and are responsible for compliance with local law.
10. Indemnity
You agree to defend, indemnify and hold harmless Animalstube, 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 Animalstube 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 Animalstube Website.
11. Ability to Accept Terms of Service
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 Animalstube Website is not intended for
children under 13. If you are under 13 years of age, then please do not use the
Animalstube Website. There are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by Animalstube
without restriction.
13. General
These Terms of Service, together with the Privacy Notice and any other legal
notices published by Animalstube on the Website, shall constitute the entire
agreement between you and Animalstube concerning the Animalstube 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 Animalstube's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision.
Animalstube 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 Animalstube Website following any amendment of
these Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND Animalstube AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE Animalstube WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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