Terms and Conditions - Up-Tube.com

Your Acceptance

These conditions and the access policy apply to all users of the site. Therefore, in case you visit this site, use its content, then automatically agree with all Terms & Conditions and Privacy Policy. Therefore, in case you visit this site, use and submit its content (available through the UP-Tube.com domain and other web sites owned, operated or controlled by UP-Tube, LLC ("UP-Tube") (the "Web Site"), then you automatically agree with Terms & Conditions and Privacy Policy of this site.

Links

UP-Tube is not responsible for the actions, conditions and policies of third-party links, that you can meet on this web-site, nor does not affect the censorship and changes in their contact. For this reason, we recommend that you familiarize yourself with all the privacy policy and terms and conditions of third-party sites that you visit.

Web Site Access

UP-Tube authorizes the use of this site in case you comply with the following rules:

  • You use the site solely for personal purposes.
  • Do not copy, modify or distribute the content without UP-Tube’s prior written authorization.
  • Do not spread unauthorized spam or advertising.
  • Do not distribute content that includes malicious programs or files.
  • Do not disrupt the services and networks connected to the site.
  • Comply with UP-Tube’s Terms & Conditions.
  • When creating your personal account, only you are responsible for the sole use and security of it.
  • Submitting complete and precise info required.
  • Immediate notification of UP-Tube about unauthorized use or breach of security of your account.
  • Do not launch any automated systems ("robots," "spiders," and "offline readers").
  • operators of public search engines are allowed to copy material from the web site in order to create publicly available indices of the materials without any caches or archives.
  • Do not collect or solicit other's personal information.
  • Do not use communication system on the web site for commercial purposes.
  • UP-Tube reserves the right to restrict access to the site at any time.

    Intellectual Property Rights

    UP-Tube owns or has a license for all material presented on the site without exception. All content is available exclusively for the personal use. When you save or print a copy of the information on the web site, you have to keep the copyright and other proprietary notices. Content may be used for other purposes only in the presence of UP-Tube’s prior written consent.

    User Submissions

    The web site facilitates submission of content and publication of user material (User Submissions). You are solely responsible for your User Submissions, as well as for the consequences of their publication. You guarantee that:

  • You own or have all the necessary property rights or permission to any of your User Submissions.
  • You have the written consent and/or permission of each individual person in the User Submission to use their name or likeness.
  • By submitting any User Submissions, you thereby provide UP-Tube in addition to any other rights, the license to dispose of them at its discretion in the future. Moreover, you grant the right to use your User Submissions for non-commercial and personal utilization to the site users and viewers. If you notify UP-Tube about the removal of User Submission, UP-Tube will do so in a short period of time, losing the above-mentioned right of disposal.

    You have to guarantee, that you will not:

  • Submit materials subject to any third party proprietary rights, unless you have all the necessary property rights or permission from their rightful owner to post the User Submission, providing all the documents required;
  • publish false or distorted data;
  • provide materials that are obscene and illegal, infringe on others' rights or offend someone’s feelings;
  • distort your true identity or misidentify yourself in submitting the User Submission.
  • UP-Tube is not responsible for web site users’ actions of any kind.

    Please note, that certain content available on the web site is only permitted to users who have reached adulthood in their jurisdiction (often but not necessarily 18 or 21).

    Copyright and Content Policy

    UP-Tube does not authorize copyright infringement actions and infringement of intellectual property rights on the website or related services. UP-Tube removes all content if it is confident that the content infringes the intellectual property right without prior notice.

    UP-Tube has the right to delete a User’s account that repeatedly violates Terms & Conditions.

    If you believe that your content was copied against the law of copyright, please, provide the following information:

  • physical or electronic signature of the person acting on behalf of the owner of the exclusive right;
  • identification of one or more copyrighted works that are alleged to have been violated;
  • identification of material and information sufficient to allow the service provider to find material (providing URLs);
  • necessary information to contact the party filing the complaint (address, telephone number, e-mail address, etc.)
  • a statement that the complaining party truly believes that the use of the material is fully illegal;
  • the statement that the information is authentic and accurate and that the party filing the complaint is authorized to act on behalf of the owner.
  • For claims of copyright infringement reach UP-Tube’s Copyright Agent:

    By mail: Copyright Agent UP-Tube, LLC

    2288 3rd St. San Francisco, CA 94188

    By email: admin@up-tube.com

    Please also note, that any person who deliberately distorts deliberately distorts material protected by copyright may be punished under Section 512(f) of the US Copyright Act.

    Reward of producers

    UP-Tube no longer accepts the video for the "Producers' Award" and ends it with respect to previously accepted videos on June 30, 2009.

    ESPN content

    The materials of ESPN provided on web site and their subsidiaries can be used exclusively for personal, non-commercial use only for the end user. The End-User agrees that ESPN, The Walt Disney Company and their subsidiaries will not be liable for any delays, inaccuracies, errors or omissions in the ESPN Content or for any damage resulting from any of the foregoing.

    Warranty Disclaimer

    UP-Tube and all people related to it do not provide any liability for:

  • errors or inconsistency of content;
  • personal injury or property damage due to web site use;
  • any unauthorized access to any personal data;
  • any interruptions of transition to or from the web site;
  • any bugs or viruses transmitted by third parties;
  • any damages obtained due to web site content use.
  • UP-Tube and all people related to it are not responsible for the advertising content, product, services offered through the site as well as for their monitoring.

    All the aforementioned points are backed up legally. UP-Tube does not bear responsibility for the illegal conduct of a third party. When using the web site, you take all risks solely on yourself.

    Indemnity

    You agree to indemnify and defend UP-Tube and all relevant persons against any claims, damages, liabilities, expenses (including attorney fees) arising from your:

  • use of the website;
  • violation of these Terms and Conditions;
  • violation of your User Submission conditions;
  • violation of any third party right;
  • any claim that one of your User Submission caused damage to a third party.
  • Ability to Accept Terms & Conditions

    In any case, you confirm that you are 13 years old, because the website is not intended for children under 13 years of age. You confirm that you are or more than 18 years old, or have the legal consent of the parents or guardians in order to enter into these Terms & Conditions. Otherwise do not use this website.

    Assignment

    These Terms & Conditions may not be transferred or assigned by you, but UP-Tube may assign them without restriction and without notice to any party. General

    You agree that: 1. Presented document “Terms & Conditions” together with “Privacy Policy” or any other legal document presented or published on the website by UP-Tube it is considered as legal document and agreement between you and UP-Tube. 2. Any claim towards to website UP-Tube can be presented to only federal jurisdiction located in that country which the website UP-Tube belongs. 3. The documents presented and published on the website UP-Tube “Terms & Conditions” together with “Privacy Policy” can be used into court only specifically in case of the urgent questions. The website UP-Tube have the right to make any changes in the presented documents “Terms & Conditions” and “Privacy Policy” anytime.

    YOU AGREE THAT YOU ARE RESPONSIBLE FOR READING AND ACCEPTING THIS DOCUMENT.