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Term of Use
  1. User Acceptance:
    • By using and/or visiting MediaTube4.COM website, you have already agreeded to accept all the following stipulations: (1) This Term of Use,(2)MeidaTube4's privacy policy and (3) MeidaTube4's Community Guidelines If you do not agree to any of these stipulations, please do not use the MeidaTube4 Website.
    • You should periodically review the most up-to-date version here. MeidaTube4 may, in its sole discretion, modify or revise these Terms of Service and policies at any time without privious notificaiton, and you agree to be bound by such modifications or revisions.
  2. MeidaTube4 Accounts:
    • In order to access some features of the Website, you will have to create a MeidaTube4 account. You should never use other people's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MeidaTube4 immediately of any breach of security or unauthorized use of your account.
    • Although MeidaTube4 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MeidaTube4 or others due to such unauthorized use.
  3. General Use of the Website - Permissions and Restrictions
    4. MeidaTube4 hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
    • You agree not to distribute in any medium any part of the Website that is not under your ownership, including but not limited to User Submissions (defined below), without MeidaTube4's prior written authorization.
    • You agree not to access any MeidaTube4 Content through any technology or means other than the pages of the Website itself.
    • You agree not to use the Website for any commercial use, without the prior written authorization of MeidaTube4.
      • Prohibited commercial uses include any of the following actions taken without MeidaTube4's express approval:
        • sale of your media uploaded to MeidaTube4 through MeidaTube4 service privately, which means without using our Order function and transaction is not through us;
        • use of the MeidaTube4 Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
        • the sale of advertising, on the MeidaTube4 website or any third-party website, targeted to the content of specific User Submissions or MeidaTube4 content;
      • Prohibited commercial uses do not include:
        • Upload your own original media to MeidaTube4, and under MeidaTube4's supervision, using MeidaTube4's order function and sell it to the third party. The transaction must be done through MeidaTube4.
    • You agree not to use or launch any automated system, scripts, programmes to upload or download from MeidaTube4 website any contents besides functions provided by MeidaTube4. If we found you access our website in a short period of time and upload/download more contents than a human being can do, we will immediately ban your account forever.
    • MeidaTube4 reserves the right to discontinue any aspect of the MeidaTube4 Website at any time.
  4. Your Use of Content on the Site
    5. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MeidaTube4 Website.
    • 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.
    • You agree not to circumvent, disable or otherwise interfere with security-related features of the MeidaTube4 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MeidaTube4 Website or the Content therein.
    • You understand that when using the MeidaTube4 Website, you will be exposed to User Submissions from a variety of sources, and that MeidaTube4 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 MeidaTube4 with respect thereto, and agree to indemnify and hold MeidaTube4, 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.
  5. Your User Submissions and Conduct
    • As a MeidaTube4 account holder you may submit Media content ("User Medias") and textual content ("User Comments"). User Medias and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MeidaTube4 does not guarantee any confidentiality with respect to any User Submissions.
    • 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 MeidaTube4 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.
    • When submitting your media to MeidaTube4, you will have options for selecting viewable targets, which include families, friends or publictly. You also have options to select target that can download the source file of your medias, such as your families or your friends. You are solely responsible for the property right of your media. You can select watermark protection to protect your right. But if you give up this protection, then the generated source, not the original media file, will be able to be downloaded by any people who is viewing it. You understand and agree, however, that MeidaTube4 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.
    • 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 MeidaTube4 all of the license rights granted herein.
    • You further agree that you will not, in connection with User Submissions, submit material that is contrary to the MeidaTube4 Community Guidelines, found at http://www.mediatube4.com/regulation, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    • MeidaTube4 does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MeidaTube4 expressly disclaims any and all liability in connection with User Submissions. MeidaTube4 does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MeidaTube4 will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MeidaTube4 reserves the right to remove Content and User Submissions without prior notice.
  6. Account Termination Policy
    • MeidaTube4 will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
    • MeidaTube4 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, pornography, obscene or defamatory material, or excessive length. MeidaTube4 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.
  7. Digital Millennium Copyright Act
    • 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 us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • 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;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • 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
      • 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.
    • Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to us:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
    If a counter-notice is received by us, MeidaTube4 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MeidaTube4's sole discretion.

  8. Warranty Disclaimer
    9. YOU AGREE THAT YOUR USE OF THE MEIDATUBE4 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEIDATUBE4, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MEIDATUBE4 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 YOUR ACCOUNT 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 MEIDATUBE4 WEBSITE. MEIDATUBE4 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEIDATUBE4 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEIDATUBE4 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. (VI) MEIDATUBE4 IS NOT A STORAGE/BACKUP SPACE FOR YOUR MEDIAS, AND WE ARE ABSOLUTELY NOT RESPONSIBLE FOR ANY LOSSES OF YOUR MEDIA DUE TO THE SERVER CRASH, BUGS, VIRUS, POWER OUTRAGE, HARD DRIVE DAMAGE, SUPPORT'S MISCONDUCT, HUMAN ERROR ETC. YOU SHOULD HAVE YOUR OWN BACKUP OR MEDIA FILE COPY IN YOUR OWN COMPUTERS.


  9. Limitation of Liability
    10. MeidaTube4 SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL MeidaTube4 BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT MeidaTube4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. MeidaTube4 SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. MeidaTube4's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL MeidaTube4's LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00).

  10. Indemnification of MeidaTube4
    11. You agree to defend, indemnify and hold MeidaTube4, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from MeidaTube4's own negligence. MeidaTube4 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for MeidaTube4 in that matter.

ALL THESE TERMS OF USE APPLY TO BOTH PAID AND UNPAID USER. IF YOU DO NOT ACCEPT THESE CONDITIONS, PLEASE STOP USING OUR SERVICE OR IF YOU ARE ALREADY USING OUR SERVER, PLEASE NO LONGER USE OUR SERVICE ANYMORE.


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