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SkyTubeLive Terms of Use

SKYTUBELIVE TERMS OF USE

1. WELCOME

Welcome to the SkyTubeLive Service, located at www.skytubelive.com (the "Site") and available as a mobile application (the "App"). The SkyTubeLive Service and any related services, aspects, functions, software platforms or derivatives thereof (collectively, the "Service") were created by SkyTubeLive ("SkyTubeLive", "we", "us" or "our") as a source of personal communication and entertainment, and the following SkyTubeLive Terms of Use (the "Terms") constitute a set of rules by which we operate them.

As you probably know by now, the Service is a self-promotion live-video social entertainment platform. SkyTubeLive allows anyone from anywhere to broadcast their live drone video (via webcam or mobile device), to be viewed - IN REAL TIME - by an online audience and followers and fans.

By using or accessing the Service, you acknowledge that you agree and are subject to the Terms, as well as to our Privacy Policy. While they say a lot more, the basic idea of the Terms is that while we will take responsibility of what we have created, we ask that you take responsibility for anything you contribute to our platform whether as a content creator or as a viewer. In addition, much like in real life, we ask that you treat others with respect, do not use our platformhelp for anything that would be deemed illegal or obscene, always remember the Golden Rule ("do unto others...") and most importantly - have fun. See our Frequently Asked Questions page and Help page for further information about how you can use the Service.

SkyTubeLive hereby grants you permission to access and use the Service provided that you comply with these Terms. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. While we may attempt to notify you when major changes are made to the Terms you should nonetheless periodically review them to make sure you comply. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us.

2. REGISTRATION

In order to access some features of the Service, and to be able to submit Content (as defined below) as a performer, you will have to create a SkyTubeLive account.

You are solely responsible for the activity that occurs through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer or mobile device unattended. Although SkyTubeLive will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of SkyTubeLive or others due to such unauthorized use, so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach. If for any reason you want to limit your children's access to this Site and/or App, there are a number of parental control protections, which are commercially available.

3. OWNERSHIP OF THE SERVICE PROVIDED TO YOU

The underlying platforms of the Service are either the proprietary property of SkyTubeLive or the proprietary property of our licensors or licensees. "SkyTubeLiveTM" and other trademarks, slogans, service marks, trade names, and trademarks which appear via the Service are proprietary to SkyTubeLive. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by SkyTubeLive. By using the Service, you agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by SkyTubeLive.

You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Service or its Content or any part thereof to you or any third party nor to authorize you to create derivative works based on Content you do not own.

The Service may contain links to third party websites that are not owned or controlled by SkyTubeLive. SkyTubeLive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SkyTubeLive will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve SkyTubeLive from any and all liability arising from your use of any third-party website.

4. USER GENERATED CONTENT

The term "Content" as used within these Terms refers to any, action, information, data, communication, video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and/or other materials you may view on, access through, or contribute to the Service. SkyTubeLive is not responsible for the Content of third parties. If you choose to contribute Content to the Service:


You shall be solely responsible for your Content and expressly agree that your Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. SKYTUBELIVE DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE USER CONTENT TRANSMITTED.

You also agree that you will not (i) use the Service to spam others or create mass-emails, (ii) continue harmful behavior if you have been warned of such; (iii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the YouNow 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, and/or (iv) create a false identity or forged email address or header, or in any other way attempt to mislead others as to the identity of the sender or the origin of the message. By using the Service, you further agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service.

You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

You understand that while, at times, you may "buy" or "purchase" (a) virtual currency, including but not limited to virtual bars, for use in the Service; or (b) virtual in-Service items, including but not limited to fan mail and engagement rings/proposals, 50 thumbs up, tipping (together with virtual currency, "Virtual Items"), these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, SkyTubeLive grants you a limited license to use the Service, including software programs that may manifest themselves as these items.

The purchase of Virtual Items is a completed transaction upon SkyTubeLive's confirmation that you have redeemed iTunes Wallet credits or any other third party virtual currency. Any virtual currency balance shown in your SkyTubeLive account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your SkyTubeLive account, nor will you be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if your Your gift of certain Virtual Items to a performer on the Service may, but will

Tips and other Virtual Items gifted to performers may result in some revenue to such performers, as determined in SkyTubeLive's sole discretion; however, SkyTubeLive makes no guarantee that the amount or value of the bars or Virtual Items you may give a performer will correlate to the revenue such performer may receive from SkyTubeLive.

6. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

SkyTubeLive has the right, but not the obligation, to screen, refuse to post, remove or edit the Content, at any time and for any or no reason at all, at our sole discretion. SkyTubeLive takes steps to monitor Content and keep the Site, App, and Service safe, but SkyTubeLive cannot guarantee their safety. You enter the Site and/or App and use the SkyTubeLive Service at your own risk. SkyTubeLive reserves the right, but assumes no obligation, to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with these Terms, and to limit or revoke your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of these Terms.

In addition to any right or remedy that may be available to SkyTubeLive under these Terms or applicable law, SkyTubeLive expressly reserves the right to suspend, limit or terminate your access to the Site and/or the App, at any time with or without notice and with or without cause, including if SkyTubeLive determines, in SkyTubeLive's sole discretion, that you pose a threat to the Site or its users. In addition, SkyTubeLive may refer any information on illegal activities, including your identity, to the proper authorities.

Given that the Service is provided in real-time - we would appreciate your help in reporting to us any Content that you believe violates these Terms. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation, including the time zone to contact us..

7. FEEDBACK FROM YOU

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of SkyTubeLive, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, SkyTubeLive may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.

To provide such submissions or feedback, please contact us.

8. COPYRIGHT INFRINGEMENT POLICY

SkyTubeLive is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):



SkyTubeLive will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, SkyTubeLive will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

SkyTubeLive may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to SkyTubeLive's designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: SkyTubeLive, 106 Genesee Street, Utica, NY 13502, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or contact us by e-mail.

9. NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICE, THE SITE, THE APP THE CONTENT AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. SKYTUBELIVE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THE APP, THE CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Site OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Service may contain the opinions and views of other users. Given the user-generated Content available through the Service and its interactive nature, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content made available through the Service.

Please also note that the Service is controlled and offered by SkyTubeLive from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the SkyTubeLive. SkyTubeLive makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. LIABILITIES AND INDEMNITIES

You shall release, indemnify and hold harmless SkyTubeLive and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by SkyTubeLive and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you, and the use of your Content, including, without limitation, any infringement of any third party's rights by your use of the Service or through Content you provide.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SKYTUBELIVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SKYTUBELIVE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE OR IN THE APP, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY SKYTUBELIVE OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.PLATFORM PROVIDERS

Platform providers, such as Apple Inc. and Google Inc., that make the App available for download ("Platform Providers") are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Platform Providers are third party beneficiaries of this Agreement, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

12.PRIVACY

To learn more about how SkyTubeLive protects your personal information, please refer to the SkyTubeLive Privacy Policy.

13. ARBITRATION

YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS. These Terms are governed by New York law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by New York law and will be held in New York, New York. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to these Terms.

14. MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions; (c) You affirm that you are either more than eighteen (18) 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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Service is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Service.

Terms last updated August 2015: heavily cribbed from YouNow terms dated: November 2014