Terms of Use

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.

C. Accordingly, we encourage you to be aware when you leave Budgie-Tube Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Budgie-Tube Accounts

A. In order to access some features of the Website, you will have to create a Budgie-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 Budgie-Tube immediately of any breach of security or unauthorized use of your account.

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:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Budgie-Tube's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Budgie-Tube's Embeddable Player or any of its related technologies.

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:

    * 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 Budgie-Tube website or any third-party website, targeted to the content of specific User Submissions or Budgie-Tube content;
    * and any use of the Website or its related services (such as the Embeddable player) that Budgie-Tube finds, in its sole discretion, to use Budgie-Tube's resources or User Submissions with the effect of competing with or displacing the market for Budgie-Tube, Budgie-Tube content, or its User Submissions. (For more information about prohibited commercial uses.)

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.

G. If you use the Budgie-Tube Uploader, you agree that it may automatically download and install updates from time to time from Budgie-Tube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Budgie-Tube to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Budgie-Tube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Budgie-Tube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Budgie-Tube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

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.

J. Budgie-Tube reserves the right to discontinue any aspect of the Budgie-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 Budgie-Tube Website.

A. The content on the Budgie-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 Budgie-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. Budgie-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 Budgie-Tube Service; and
    * for Streaming.

"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.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Budgie-Tube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Budgie-Tube Website or the Content therein.

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

A. As a Budgie-Tube account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Budgie-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 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.

G. Budgie-Tube dose not allow adult porn of any kind.

7. Account Termination Policy

A. Budgie-Tube will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

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 AGREE THAT YOUR USE OF THE BUDGIE-TUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUDGIE-TUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BUDGIE-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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN 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 BUDGIE-TUBE WEBSITE. BUDGIE-TUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BUDGIE-TUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUDGIE-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 THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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.