Terms of Use

TERMS OF USE

THESE TERMS OF USE (“TERMS”) SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “TUBIDY” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE TUBIDY WEBSITE, THE “WEBSITE”), PUBLISHED BY LIMITED (“”). BY ACCESSING/VISITING OR USING THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” OR “YOUR” AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF , (INCLUDING BUT NOT LIMITED TO, ‘S PRIVACY POLICY). IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

DESCRIPTION OF THE WEBSITE

Tubidy is an original free video hosting website that enables users to access, view, upload, store, and share their personal videos. Users are granted unlimited storage space, but for bandwidth cost-control, each video is limited to a duration of 16 minutes and size of 100 MB. Because the Website is not designed as a video backup service, you are responsible for taking all necessary precautions to safeguard your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Website.

YOUR INTELLECTUAL PROPERTY RIGHTS

You should have been registered and have a Tubidy account to upload video files you create. As soon as you upload a video, it will be accessible to other users, and you agree to allow any users of the Website—free of charge and for personal use only—to view and transmit your content on or through the Website and any other electronic communication media or technology (e.g., smartphones, tablets, connected TV, game consoles), now known or later developed, for the entire period in which your content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted—including Your Content—cannot be protected against the risks of misappropriation and/or piracy, for which Tubidy shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which Your Content is hosted, you grant Tubidy the non-exclusive, royalty-free right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute, and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display, and transmission.

OTHER USERS’ INTELLECTUAL PROPERTY RIGHTS

Other users of the Website have provided other content subject to these Terms of Use and other notices and policies set forth on the Website. You may access other users’ content solely for your information and personal use, as intended through the normal functionality of the Website and for Streaming. “Streaming” means a digital transmission of an audiovisual work via the Internet from the Website 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 a user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.

OUR INTELLECTUAL PROPERTY RIGHTS

The content (other than Your Content and other users’ content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Tubidy Content”), is the exclusive property of Tubidy and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable, and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Tubidy Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Tubidy. You agree to not use or exploit the Tubidy Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Tubidy Content. All rights not expressly granted in the Terms are reserved to Tubidy and its licensors.

LIMITATION OF LIABILITY

Nothing in these Terms shall exclude or limit Tubidy’s liability for losses which may not be lawfully excluded or limited by applicable law. Tubidy shall not be liable to you for any indirect or consequential losses which may be incurred by you. This shall include: (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; any changes which Tubidy may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service; your failure to provide Tubidy with accurate account information; your failure to keep your password or Tubidy account details secure and confidential. The limitations on Tubidy’s liability to you shall apply whether or not Tubidy has been advised of or should have been aware of the possibility of any such losses arising.

COPYRIGHT NOTIFICATIONS

Tubidy does not permit copyright-infringing activities and infringement of intellectual property rights on its Website and will remove content uploaded by users if properly notified that such content infringes on another’s intellectual property rights. Tubidy reserves the right also to terminate a user’s account if they are determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the written information specified below to [email protected]:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
  • A description of all of the copyrighted works that you claim have been infringed upon
  • A description of where the material that you claim is infringing is located on the Tubidy website, including a URL of the specific location of the infringing material
  • Information sufficient to allow us to contact you, including at a minimum, your address, telephone number, and email address
  • 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
  • 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.

REGISTRATION AND ACCESS

Registration

In order to use many of the Website’s features, you must set up an account using the online registration form. You may access your account by clicking login on the homepage and you can enter your username and password in the login fields on the login page. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of Tubidy may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.

Ability to Accept Terms & Conditions

Children under the age of 13 are not allowed to register with Tubidy. Tubidy’s policy is to refrain from collecting any information from individuals under 13 years old. By using Tubidy, you warrant that you are either over 18 years of age or have the consent of your parent or legal guardian, which legally enables you to agree to these Terms. In any case, you warrant that you are over 13 years old, as the Website is not intended for children under this age. If you are under 13, please do not use or access the Tubidy website at any time or in any manner. If you are a parent or legal guardian of a child under 13 who has registered with Tubidy, please contact us via email for instructions on how to cancel the registration. In your email, please include your full name and address, your child’s full name and address, your relationship to the child, your daytime and evening phone numbers, your email address, and a signed statement confirming that you are the child’s parent or legal guardian. Tubidy reserves the right to request additional information to verify your identity and relationship to the child. This information will be used solely for the purpose of verifying your status and will not be used for any other purpose.

Proof, Retention, and Storage

The computer records stored on our systems, maintained according to standard safety practices, will be considered proof of emails exchanged, registration forms submitted, videos uploaded, and other activities on the Website. Registration forms are stored on reliable and durable media as required by law. In the event of a discrepancy between our computer records and any paper or electronic documents in your possession, our computer records will be considered authoritative and controlling.

Content Restrictions

You are prohibited from uploading, posting, or transmitting (collectively, “submitting”) any video, image, text, audio recording, or other material (collectively, “content”) that:

  • Infringes on any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography;
  • Includes hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

Links

For your convenience, the Website may contain links to websites operated by other entities (a “Linked Site”). If you choose to visit any Linked Site, you do so at your own risk, and it is your responsibility to take protective measures against viruses or other harmful elements. Tubidy has no responsibility towards you with respect to any Linked Site, and no Linked Site—regardless of the linking method (e.g., hotlinks, hypertext links, IMG links)—is maintained, controlled, endorsed, monitored, or otherwise governed by Tubidy.

Electronic Signatures

You agree to be bound by any affirmation, consent, communication, or agreement you transmit through the Website, including but not limited to any consent you provide to receive communications from Tubidy solely through electronic means. You agree that when you click on “I agree,” “I consent,” or any similarly worded button or entry field in the future, your agreement or consent will be legally binding and equivalent to your handwritten signature.

Amendments/Revisions

Tubidy reserves the right to amend or revise the Terms or any other policy at any time, and you agree to be bound by such revised Terms or policy. Any such amendments or revisions will take effect on the date they are first posted on this site. It is your responsibility to periodically return to the Website to review the most current Terms and other Tubidy policies. Tubidy does not and will not assume any obligation to notify you of changes to the Terms or any other policy.

Entire Agreement

These Terms constitute the entire agreement between you and Tubidy with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tubidy regarding the Website. A printed version of the Terms and any notice provided in electronic form shall be admissible in judicial or administrative proceedings based on or related to the Terms to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. If a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to reflect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.