Terms Of Use
IMPORTANT INFORMATION Please carefully read the following Terms of Use before registering. Your use of MyEduTube.com implies that you have read and accepted these Terms of Use. In order to use/view our website or become a registered user, you must read, understand, and agree to the terms and conditions of MyEduTube, Inc., as described below. This Terms of Use agreement (herein after referred to as the "Agreement") is subject to change at any time, and changes are effective upon posting. It is your responsibility to refer to this page for any amendments/changes to the original Agreement. However, if there is a significant change Agreement, MyEduTube, Inc., will notify its users via email. Eligibility You (the "User") must be at least 16 years of age to register as a member or upload videos on MyEduTube.com (herein referred to as the "Site"). Membership to our services is void where prohibited. By using and/or viewing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, to abide by all of its terms and conditions, and that you are at least 16 years of age and not prohibited by law from using the Site. Termination Site and related service usage and/or subscription fees and duration of services are provided to you (the user) upon registration and may change from time-to-time. If so, we will notify you via email. We reserve the right to terminate your access to the Site for any reason. Non-Commercial Use by Members and Viewers The Site is for the personal use of individual, university, college or learning institution members only. It may not be used in connection with any other commercial endeavors without authorization from MyEduTube, Inc. Organizations, companies, and/or businesses may not become members without authorization from MyEduTube, Inc., and shall not use the Site or its services for any purpose, including but not limited to: sending unsolicited commercial e-mail to members; sending and/or posting advertisements for other websites and services through the Site's communications areas (i.e., chat rooms, blogs, etc.); or using members' personally-identifiable information for commercial purposes. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited commercial email, will be investigated. Appropriate legal action will be taken, including but not limited to civil, criminal, and injunctive redress and/or termination of membership at MyEduTube, Inc.'s, sole discretion. In order to prevent the sending of unsolicited commercial emails or electronic messages to its members, MyEduTube, Inc., may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering, throttling or terminating e-mail and chat messages at MyEduTube, Inc.'s, sole discretion. Copyright and Intellectual Property Statement MyEduTube, Inc., members must comply with U.S. copyright and intellectual property laws. MyEduTube, Inc., reserves the right to disable/delete and/or suspend or terminate the accounts of users/members who may be infringing on copyrights and/or violating intellectual property laws. To make sure you do not infringe on copyrights and/or violate intellectual property laws, please abide by these Terms of Use. For further information on these laws, refer to the Copyright Notice and Copyright Tips pages. MyEduTube, Inc., owns and retains proprietary rights to the Site and its service. The Site contains the copyrighted material, trademarks, and other proprietary information of MyEduTube, Inc., and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Content Posted on MyEduTube.com and the Communications Decency Act (CDA) MyEduTube, Inc., claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act (CDA) for content provided by third parties and members. Nothing in this Agreement is intended to waive, remove, or usurp such immunity. Users understand and agree that MyEduTube, Inc., may delete any content, videos, messages or profiles (collectively, "Content") that, in the sole judgment of MyEduTube, Inc., violates the Terms of Use or might be considered offensive, illegal, or may violate someone's rights, or harm or threaten the safety of MyEduTube, Inc., and/or its members. Users are solely responsible for the content that they publish or display (hereinafter, "post") on the Site. By posting content to any public area of the Site, they automatically grant, represent, and warrant that they have the right to grant to MyEduTube, Inc., a perpetual, non-exclusive, license to use, copy, and display such information, rights of publicity and content, or incorporate into other works and other media. MyEduTube, Inc., will investigate and take appropriate legal action at its sole discretion against anyone who violates these provision, including and not limited to, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that:
To use the Site and its services in a manner consistent with any and all applicable laws and regulations, you agree:
Although MyEduTube, Inc., cannot monitor the conduct of its members off of the Site, it is also a violation of these terms to use any information obtained from the Site or its services in order to harass, abuse, or harm another person, or in order to contact, advertise, solicit, or sell to any member without their prior explicit (written) consent. Member Disputes MyEduTube, Inc., does not solicit or control the information provided by other users that is made available through the Site. You may find other users' information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at various other places throughout the Site. Please also use caution and common sense when using the Site. You are solely responsible for your interactions with other Site members. Because MyEduTube, Inc., is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Site, you release MyEduTube, Inc., including its officers, directors, agents, subsidiaries, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a Texas resident, you waive Texas Civil Code. MyEduTube, Inc., reserves the right, but has no obligation, to monitor disputes between you and other members. Privacy Use of the MyEduTube.com site and/or its service is governed by our Privacy Policy which may change from time-to-time upon electronic notice to you. NOTE: Your profile (and the contents thereof) may be searchable by third-party publicly available search engines. For further information on privacy, refer to the Privacy Policy. Disclaimers MyEduTube, Inc., including its officers, directors, agents, subsidiaries and employees, is not responsible for any incorrect or inaccurate content posted on the Site or in connection with MyEduTube, Inc., services, whether it is caused by users, members, or any of the equipment or programming associated with or utilized by the service. MyEduTube, Inc., is not responsible for the conduct of any user and/or member of the MyEduTube, Inc., services whether online or offline. MyEduTube, Inc., assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. MyEduTube, Inc., is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer, related to or resulting from participating or downloading materials in connection with the Site and/or in connection with any other MyEduTube, Inc., services. Under no circumstances will MyEduTube, Inc., be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the Site or transmitted to the Site's members. The Site and the service are provided "As-Is" and MyEduTube, Inc., expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyEduTube cannot guarantee and does not promise any specific results from the use of the Site and/or its services. Limitation of Liability Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will MyEduTube, Inc., be liable to any user or third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from the use of the Site, even if MyEduTube, Inc., has been advised of the possibility of such damages. You further agree to hold MyEduTube, Inc., including its officers, directors, agents, subsidiaries, and employees, harmless from claims arising in the event that another user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, MyEduTube, Inc.'s, liability to the user for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the user to MyEduTube, Inc., for the service during the term of membership. U.S. Export Controls Software from the Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Arbitration of Disputes Any and all disputes arising out of or related to these Terms of Use and/or the user's relationship with MyEduTube, Inc., and/or the user's use of this Site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Texas. The arbitration shall take place exclusively in Texas and shall be governed by Texas law without regard to its conflict of law provisions. Indemnity You agree to indemnify and hold MyEduTube, Inc., and its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the user's use of the service in violation of this agreement and/or arising from a breach of these Terms of Use and/or any breach of the user's representations and warranties set forth above. Unsolicited Materials Unless specifically requested, MyEduTube, Inc., does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from any user through the Site or its services by e-mail or in any other way. User Conduct The User warrants and agree that, while using the Site, they shall not:
Links to Other Sites You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site. Links to other websites are provided as a convenience to you, and do not constitute an endorsement by or association with MyEduTube, Inc., of such sites or the content, products, advertising or other materials presented on such sites. MyEduTube, Inc., does not author, edit, or monitor these linked websites. You acknowledge and agree that MyEduTube, Inc., is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites. Statement of Copyrights to MyEduTube.com and Contents Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws. Screening of Conduct We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required to do so by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use. We may also suspend or terminate any User's use of the Site at any time at our sole discretion. DISCLAIMER OF WARRANTIES THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYEDUTUBE, INC., DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MYEDUTUBE, INC., MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYEDUTUBE, INC., OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. LIMITATION OF LIABILITY IN NO EVENT SHALL MYEDUTUBE, INC., OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF MYEDUTUBE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL MYEDUTUBE, INC., BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYEDUTUBE, INC., TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO MYEDUTUBE, INC., FOR YOUR ACCESS TO OR USE OF THE SITE. APPLICABLE LAWS MyEduTube, Inc., controls and operates this Site in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. |
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MyEduTubeTM is a registered trademark of MyEduTube, Inc.
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