DESCRIPTION OF THE GHALLYTUBE SERVICE
Ghallytube.com is a free video hosting website that enables users to access, view, upload, store and share videos. The Ghallytube Service is made up of the Ghallytube website, the Ghallytube video player, and any Ghallytube products, content, channels, data feeds, services and functionality (“Ghallytube Service”).
By accessing and/or using the Ghallytube Service, without being logged into Ghallytube Account, You will be hereinafter considered a “Visitor.” As a Visitor, You will only have the ability to access, view or share videos available on the Ghallytube Service, but will not be able to benefit from all the other features available on the Ghallytube Service. A “Ghallytube Account” means the video content storage space on the Ghallytube Service which is dedicated to a Viewer or a User of Ghallytube Service that can be created by signing up for a Ghallytube Account via www.ghallytube.com.
If You want to be able to upload videos and access some other features of the Ghallytube Service, You will need to first create a Ghallytube Account and have your email address validated. You will then be a “User” of Ghallytube Service.
Information provided by You to create Your Ghallytube Account must be accurate and complete. In order for Ghallytube to verify that the email address You provided is valid, You will receive an email from Ghallytube asking You to validate Your email address.
By creating a Ghallytube Account, You agree that You alone will be responsible (to Ghallytube and to others) for all activity that occurs under Your Ghallytube Account. The user id and password which are necessary to access the Ghallytube Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.
If You are a User, You may notably upload video files (that must be compliant with these Terms) on the Ghallytube Service, and have a nickname and an avatar that will be associated with Your Ghallytube Account. Any and all elements posted by You on the Ghallytube Service are deemed to be “Your Content.”
ACCEPTANCE OF THESE TERMS
Whether You are a Visitor, a Viewer, a User or a Partner, either an individual or a single entity (“You” or “Your” as applicable), You signify Your expression and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Ghallytube, including but not limited to the Ghallytube privacy and cookie policies, as accessible at any time from the homepage of the Ghallytube website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Ghallytube Service if You do not accept any of the Terms. You understand and agree that Ghallytube will treat Your use of the Ghallytube Service as acceptance of the Terms from that point onwards.
The Terms form a legally binding agreement between You and Ghallytube in relation to Your use of the Ghallytube Service.
Ghallytube may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Ghallytube website. If You do not agree to the modified Terms, Your only recourse is to stop using the Ghallytube Service. Your continued use of the Ghallytube Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
You shall not use the Ghallytube Service if (a) You are not of legal age to form a binding contract with Ghallytube, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Ghallytube Service under the laws of the country in which You are resident or from which You access or use the Ghallytube Service.
If You are not an individual, You represent to Ghallytube that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the Ghallytube Service.
YOUR INTELLECTUAL PROPERTY RIGHTS
For the entire period during which Your Content is hosted on the Ghallytube Service, You grant to Ghallytube, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Ghallytube Service.
By making Your Content accessible on the Ghallytube Service, You agree to allow any Visitors of the Ghallytube Service , to view and to share Your Content through the Ghallytube video player on or through any declination of the Ghallytube Service, as accessible (online or offline) via any current or future device capable of distributing the Ghallytube Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.
Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Ghallytube shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
OUR INTELLECTUAL PROPERTY RIGHTS
We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Ghallytube Service, which right is conditioned on Your compliance with the Terms.
The content (other than Your Content and other users’ content) included on or accessible through the Ghallytube Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Ghallytube Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other materials (the “Ghallytube Content”), is the exclusive property of Ghallytube.
Ghallytube Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Ghallytube. You agree not to use or exploit the Ghallytube Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Ghallytube Content.
All rights not expressly granted in the Terms are reserved to Ghallytube and its partners.
OUR LIABILITY AS HOST
In its capacity as a web hosting service provider, Ghallytube is under no legal obligation to monitor content uploaded on the Ghallytube Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Ghallytube Service to any infringing content once having been notified of its existence.
You agree that Your use of the Ghallytube Service shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Ghallytube Service and more specifically for Your Content, and (ii) the protection of its computer hardware against any virus or interruption.
Ghallytube, its officers, directors, employees, agents, and suppliers (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Ghallytube Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Ghallytube Service. The DM Parties make no warranty or representation that the Ghallytube Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your content and/or any limitations on Your or any other Visitors ability to access, view or use Your Content or any other content, or that any information obtained from the Ghallytube Service will be accurate or reliable.
Ghallytube shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Ghallytube Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Ghallytube does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
Nothing herein shall exclude or limit Ghallytube’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Ghallytube shall not be liable for: (a) any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Ghallytube Service; (ii) any changes which Ghallytube may make to the Ghallytube Service, or for any permanent or temporary cessation in the provision of the Ghallytube Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Ghallytube Service; (iv) Your failure to provide Ghallytube with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.
The limitations on Ghallytube’s liability defined in this section shall apply whether or not Ghallytube has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
RESTRICTIONS RELATED TO YOUR USE OF THE GHALLYTUBE SERVICE AND ITS RELATED TECHNOLOGIES
In view of the user-driven nature of the Ghallytube Service, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the Ghallytube Service. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the Ghallytube Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual’s right to his or her image); and (iv) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.
By uploading or disseminating images, data, and/or text to or through the Ghallytube Service, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Ghallytube Service.
Ghallytube reserves the right to decide in its sole discretion whether Your Content, Your Ghallytube Account and/or Your use of the Ghallytube Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your Ghallytube Account being deactivated and/or (iii) any elements or data related to Your Content or to Your Ghallytube Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Ghallytube Service, without prior notice. In addition, Ghallytube reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
Because the Ghallytube Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Ghallytube Service and then associated to your Ghallytube Account and/or Your Content.
Moreover, You shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
You agree not to alter or modify any part of the Ghallytube Service (including but not limited to the Ghallytube video player and its related technologies).You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Ghallytube Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Ghallytube Service or the content accessible via the Ghallytube Service. You agree not to collect or harvest any personal data of any Visitor, Viewer, User or Partner of the Ghallytube Service and to not use the Ghallytube Service) for the solicitation of business in the course of trade or in connection with a commercial enterprise.
You agree not to use the Ghallytube Service for any commercial use unless You obtain Ghallytube’s prior written approval, in particular any of the following uses: (i) the sale of access to the Ghallytube Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Ghallytube Service or content.
You agree not to access content hosted on the Ghallytube Service for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Ghallytube Service, and solely for Streaming purposes. “Streaming” means a digital transmission of an audiovisual work from the Ghallytube Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Ghallytube user’s content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. You agree and shall indemnify and hold Ghallytube – harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms or any other policy of Ghallytube; (iii) Your use of the Ghallytube Service; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
REPORTING PROHIBITED CONTENT
Ghallytube has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the Ghallytube Service. Such processes to notify Ghallytube of prohibited content are described in detail at the following URL: http://www.ghallytube.com/contact-us.
If You notice infringing or illegal content and/or activity on the Ghallytube Service, You can report it to us at any time by contacting us via the form available from the homepage of the Ghallytube website.
The records of Ghallytube are stored on our systems in accordance with standard safety practices and applicable laws. The Ghallytube records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Ghallytube Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.
The Ghallytube Service may contain links to websites operated by other entities (a “Linked Site“). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Ghallytube has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Ghallytube.
You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Ghallytube Service or any of its features, whether or not if you are a Visitor, a Viewer, a User or a Partner. For the sake of clarity, watching videos from the Ghallytube Service, exporting the Ghallytube video, and/or maintaining a Ghallytube Account are all deemed to be uses of the Ghallytube Service.
Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.
If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of these Terms will remain in force.