1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the ratedsfw.com domain name, the "Budgie-Tube Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Budgie-Tube's privacy notice, found at http://www.budgie-tube.com/pages/terms.html and incorporated here by reference. If you do not agree to any of these terms, Budgie-Tube privacy notice, or the Community Guidelines, please do not use Budgie-Tube 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 http://www.budgie-tube.com/pages/terms.html. Budgie-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. Budgie-Tube Website
A. These Terms of Service apply to all users of the Budgie-Tube Website, including users who are also contributors of video content, information, and other materials or services on the Website. Budgie-Tube Website includes all aspects of Budgie-Tube, including but not limited to Budgie-Tube channels, Budgie-Tube "Embeddable Player," and Budgie-Tube "Uploader."
B. Budgie-Tube Website may contain links to third party websites that are not owned or controlled by Budgie-Tube. Budgie-Tube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Budgie-Tube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Budgie-Tube from any and all liability arising from your use of any third-party website.
3. Budgie-Tube Accounts
B. Although Budgie-Tube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Budgie-Tube or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Budgie-Tube hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
C. You agree not to access User Submissions (defined below) or Budgie-Tube Content through any technology or means other than the video playback pages of the Website itself, the Budgie-Tube Embeddable Player, or other explicitly authorized means Budgie-Tube may designate.
D. You agree not to use the Website, including the Budgie-Tube Embeddable Player for any commercial use, without the prior written authorization of Share Motion. Prohibited commercial uses include any of the following actions taken without Budgie-Tube's express approval:
F. If you use the Budgie-Tube Embeddable Player on your website, you must include a prominent link back to the Budgie-Tube website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Budgie-Tube Community Guidelines, and all applicable local, national, and international laws and regulations.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Budgie-Tube Service 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 User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Budgie-Tube Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Budgie-Tube Service or otherwise as prohibited under this Agreement.
D. You may access Budgie-Tube Content, User Submissions and other content only as permitted under this Agreement. Budgie-Tube reserves all rights not expressly granted in and to the Budgie-Tube Content and the Budgie-Tube Service.
E. 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.
G. You understand that when using the Budgie-Tube Website, you will be exposed to User Submissions from a variety of sources, and that Budgie-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 Budgie-Tube with respect there-to, and agree to indemnify and hold Budgie-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
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 Budgie-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 Budgie-Tube, you hereby grant Budgie-Tube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Budgie-Tube Website and Budgie-Tube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Budgie-Tube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Budgie-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 Budgie-Tube Service. You understand and agree, however, that Budgie-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 Budgie-Tube all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Budgie-Tube regulations, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Budgie-Tube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Budgie-Tube expressly disclaims any and all liability in connection with User Submissions. Budgie-Tube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Budgie-Tube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Budgie-Tube reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
B. Budgie-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, such as, but not limited to, illegal material, obscene or defamatory material. Budgie-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.
9. Warranty Disclaimer
YOU SPECIFICALLY ACKNOWLEDGE THAT BUDGIE-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.