These terms of
use set out the terms and conditions of use of the Website "Sports-Tube.com".
By registering on the Website in accordance with the terms set out below, you
expressly and unconditionally agree to our Terms of Use.
Sports-Tube mission
Sports-Tube.com is an original free sports related video hosting Website which
enables sport fans after registering, to upload, share and comment on their
personal videos.
While users are allowed unlimited storage space, the size of each video is
limited to 100 MB. Since Sports-Tube.com is not designed to back up video
data, you are responsible for taking all necessary precautions in that regard.
Your Acceptance
A. By using and/or visiting this website, you signify
your agreement to (1) these terms and conditions, (2) SportsTube's privacy
notice. If you do not agree to any of these terms or the SportsTube privacy
notice please do not use the SportsTube Website.
B. Although we may attempt to notify you when major
changes are made to these Terms of Service, you should periodically review the
most up-to-date version. SportsTube 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.
Intellectual property rights
Sports-Tube.com is our exclusive property. As a general matter, we grant you a
free, personal, non-exclusive and non-transferable right to access and use our
Website. All other rights are expressly excluded without our prior written
consent.
Sports-Tube has no proprietary rights in your content. By making your content
accessible to other users (as a body, or by individual group), you agree to
allow them, free of charge and for personal use, to view your content on or
through the Website, on other electronic communication media, for the entire
period in which your content is hosted on the Website.
By making your content accessible through our Website you authorize us to
reproduce/display your content and, as necessary, adjust its format for that
purpose. Please note that due to the intrinsic nature of the Internet, data
transmitted, and your content in particular, are not protected against the
risks of misappropriation and/or piracy, for which we shall not be liable.
As a supplier of content on the Website, including videos, comments on videos,
your nickname and your avatar (small picture back to your user profile), you
are required to comply with the laws and regulations in force. You are thus
responsible for ensuring that content stored on or disseminated through the
Website does not violate the intellectual property rights of third parties
(including video-clips, television shows, animated and unanimated short,
medium and/or feature-length films and advertisements that you have not
personally created or for which you have not obtained the necessary
authorizations from third parties who hold the rights to them).
Failure to comply with these provisions will result in your content being
removed and/or your account being deactivated without prior notice. In
addition, you may be personally liable to the specific criminal sanctions
applicable to the content in question (fines and imprisonment), in addition to
being ordered to pay damages, where applicable.
Registration and user's access
In order to use the Sports-Tube features, you must set up an account using the
online registration form. You are free to modify the Personal Data you provide
on the form at any time. Upon validating the form, you will receive an e-mail
asking you to click on a link in order to confirm your registration. You may
access your account by entering your Username and Password. Registration
entitles you to use the Website for an unlimited period of time. We reserve
the right to terminate your use of the Website at any time and deactivate your
account without prior notice.
Rights to Content:
Users retain any rights they have in photos, videos, audio files, text and
other materials they submit to the Website. Sports-Tube.com retains full
ownership or license rights to all other software, content and materials
contained within the Website, including without limitation, graphics, text,
scripts, photos, sounds, videos, and music ("Content") and to all patents,
copyrights, trademarks, service marks and other proprietary rights in and to
the Website and the content. Content and User Submissions are provided for
your personal, non-commercial use only as permitted by the Website and may not
be accessed, used, modified, performed, displayed, reproduced, copied,
published, transmitted, distributed, sold, transferred, licensed or exploited
for any other purpose without the prior written consent of the respective
owners. If you download, transmit, print or copy Content or User Submissions,
you must retain all copyright and proprietary notices contained therein. You
agree not to circumvent, disable or interfere with the security and use
restriction features of the Website.
User Submissions:
By submitting your User Submissions to the Website, you hereby grant to
Sports-Tube.com a non-exclusive, royalty-free, sublicenseable, transferable
and worldwide license to access, use, modify, perform, display, reproduce,
copy, prepare derivative works of, transmit, publish and distribute your User
Submissions, and all patents, copyrights, trademarks and other proprietary
rights therein, in connection with the Website and the business of Sports-Tube.com,
including without limitation for promoting, transmitting and distributing the
Website, or any part or derivative thereof, in and through any media and
channels. You also hereby grant to each user of the Website a non-exclusive,
royalty-free, worldwide license to access, use, modify, perform, display,
reproduce, copy, prepare derivative works of, transmit, publish and distribute
your User Submissions for their personal, non-commercial use as permitted
through the services and functionality of the Website. You are solely
responsible for your own User Submissions and the consequences of your User
Submissions being posted on and distributed through the Website.
You represent and warrant that: (a) you have all rights in and to your User
Submissions (whether through ownership or licenses, consents, and permissions
from the owner) required for (i) you to lawfully submit your User Submissions
to the Website and grant the rights to your User Submissions provided in this
Agreement, and (ii) your User Submissions to be posted and transmitted to and
through the Website for the purposes contemplated by the Website and this
Agreement; (b) you have all required licenses, consents, releases and/or
permissions to use the name and/or likeness of each identifiable individual
person in your User Submissions in the manner contemplated by the Website and
this Agreement, and (c) the posting and transmission of your User Submissions
on and through the Website for the purposes contemplated by the Website and
this Agreement does not violate the privacy rights, publicity rights,
copyrights, patents, trademarks, contract rights or any other rights of any
person or entity.
Copyright Policy:
Sports-Tube.com prohibits the submission of any copyrighted material without
the user first obtaining the prior written consent of the copyright owner. If
you are a copyright owner or an agent thereof and believe any User Submission
or other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act by providing our Copyright
Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further details):
(a) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online Website are covered by a
single notification, a representative list of such works at that Website;
(c) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit the
service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(e) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
(f) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Prohibited Content:
You agree not to submit or post any User Submission to the Website, or
transmit any User Submission through the Website, that (a) is contrary to the
relevance of sports, (b) violates any patents, copyrights, trademarks or other
intellectual property rights, (c) is illegal, obscene, pornographic,
defamatory, or libelous, (d) is abusive, hateful, harassing, or threatening,
(e) promotes bigotry, racism, or hatred against any group or individual, (f)
is false, misleading or constitutes a misrepresentation, (g) encourages
conduct that could be illegal or give rise to civil liability or is otherwise
inappropriate, or (h) promotes the exploitation of, or solicits information
from, any person under the age of eighteen. You understand and agree that
Sports-Tube.com reserves the right to review, edit, block, and delete any of
your User Submissions for any reason at any time without notice, including
without limitation, if Sports-Tube.com determines in its sole discretion that
a User Submission is prohibited as provided above or otherwise violates this
Agreement.
Prohibited Content:
You agree not to submit or post any User Submission to the Website, or
transmit any User Submission through the Website, that (a) is contrary to the
relevance of sports, (b) violates any patents, copyrights, trademarks or other
intellectual property rights, (c) is illegal, obscene, pornographic,
defamatory, or libelous, (d) is abusive, hateful, harassing, or threatening,
(e) promotes bigotry, racism, or hatred against any group or individual, (f)
is false, misleading or constitutes a misrepresentation, (g) encourages
conduct that could be illegal or give rise to civil liability or is otherwise
inappropriate, or (h) promotes the exploitation of, or solicits information
from, any person under the age of eighteen. You understand and agree that
Sports-Tube.com reserves the right to review, edit, block, and delete any of
your User Submissions for any reason at any time without notice, including
without limitation, if Sports-Tube.com determines in its sole discretion that
a User Submission is prohibited as provided above or otherwise violates this
Agreement.