1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the www.newftube.com domain name, the "The Newf Tube Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Newf Tube’s privacy act. If you do not agree to any of these terms, the Newf Tube’s privacy act, please do not use the Newf Tube Website.
B. We may attempt to notify you when major changes are made to these Terms of Service. The Newf Tube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. The Newf Tube Website
A. These Terms of Service apply to all users of the Newf Tube Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Newf Tube Website includes all aspects of Newf Tube, including but not limited to the Newf Tube "Embeddable Player."
B. The Newf Tube Website may contain links to third party websites that are not owned or controlled by Newf Tube. The Newf Tube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Newf Tube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Newf Tube from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Newf Tube Website and to read the terms and conditions and privacy act of each other website that you visit.
3. The Newf Tube Accounts
A. In order to access some features of the Website, you will have to create a Newf Tube account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Newf Tube immediately of any breach of security or unauthorized use of your account.
B. Although the Newf Tube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Newf Tube or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
The Newf Tube hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without the Newf Tube’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to the Newf Tube’s Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Newf Tube Content through any technology or means other than the video playback pages of the Website itself, the Newf Tube Embeddable Player, or other explicitly authorized means the Newf Tube may designate.
D. You agree not to use the Website, including the Newf Tube Embeddable Player for any commercial use, without the prior written authorization of Newf Tube. Prohibited commercial uses include any of the following actions taken without the Newf Tube’s express approval:
sale of access to the Website or its related services (such as the Embeddable Player) on another website;
use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the Newf Tube website or any third-party website, targeted to the content of specific User Submissions or the Newf Tube content;
and any use of the Website or its related services (such as the Embeddable player) that the Newf Tube finds, in its sole discretion, to use Newf Tube’s resources or User Submissions with the effect of competing with or displacing the market for the Newf Tube, the Newf Tube content, or its User Submissions. (For more information about prohibited commercial uses.)
E. Prohibited commercial uses do not include:
uploading an original video to the Newf Tube, to promote your business or artistic enterprise;
any use that the Newf Tube expressly authorizes in writing.
F. You will otherwise comply with the terms and conditions of these Terms of Service, the Newf Tube Community Guidelines, and all applicable local, national, and international laws and regulations.
I. The Newf Tube reserves the right to discontinue any aspect of the Newf Tube 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 Newf Tube Website.
A. The content on the Newf Tube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Newf Tube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information 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 prior written consent of the respective owners. The Newf Tube 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 Newf Tube Service; and
C. You may access the Newf Tube Content, User Submissions and other content only as permitted under this Agreement. The Newf Tube reserves all rights not expressly granted in and to the Newf Tube Content and the Newf Tube Service.
D. 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.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Newf Tube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Newf Tube Website or the Content therein.
F. You understand that when using the Newf Tube Website, you will be exposed to User Submissions from a variety of sources, and that Newf Tube 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 the Newf Tube with respect thereto, and agree to indemnify and hold the Newf Tube, 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 Newf Tube account holder you may submit video content ("User Videos"). User Videos are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Newf Tube 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 the Newf Tube 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 the Newf Tube, you hereby grant the Newf Tube a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Newf Tube’s Website and the Newf Tube’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Newf Tube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Newf Tube 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 Newf Tube Service. You understand and agree, however, that the Newf Tube 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 the Newf Tube all of the license rights granted herein.
E. The Newf Tube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Newf Tube expressly disclaims any and all liability in connection with User Submissions. The Newf Tube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Newf Tube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Newf Tube reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. The Newf Tube will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. The Newf Tube 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 and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Newf Tube 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 Newf Tube WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Newf Tube, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE Newf Tube 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONSIN 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 YOUTUBE WEBSITE. Newf Tube DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Newf Tube WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Newf Tube 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 PLOYEES, 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 Newf Tube 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 Newf Tube 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.
The Website is controlled and offered by The Newf Tube from its facilities in Canada. The Newf Tube makes no representations that the Newf Tube Website is appropriate or available for use in other locations. Those who access or use the Newf Tube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless the Newf Tube, 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 Newf Tube 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 Newf Tube Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 16 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 16, as the Newf Tube Website is not intended for children under 16. If you are under 16 years of age, then please do not use the Newf Tube Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
11. 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 the Newf Tube without restriction.
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
