Welcome to the WestIndianTube.com website (the "Site"). PLEASE
READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING
THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE.
This site is subject to the the Terms, which may be updated by
us from time to time without notice to you. In addition, you
shall be subject to any posted guidelines or rules applicable to
the Site which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
these Terms.
1. Registration
In consideration of your use of the Site, you agree to
provide true, accurate and complete information about yourself
as prompted by the Site registration or ordering process,
provided that in connection with registration, you do not need
to, and should not, use your full or true name for your
username. In addition, you agree to update that information in
order to maintain its truth, accuracy and completeness. We may
deny you access to the Site or reject your order in the event
that your information is untrue, inaccurate or incomplete.
Unless you cannot remember your username and/or password, you
may only register once for use of the Site.
2. Limited License To Site
You are granted the limited right to view and use the Site
only for the purposes of viewing or playing content such as
films or games, placing product orders or for accessing
information and services. We reserve the right to suspend or
deny, in its sole discretion, your access to all or any portion
of the Site.
If you violate these Terms, we may terminate or cancel your
access rights to the Site immediately without notice. We may
also block your use of the Site. We reserve the right at any
time to modify or discontinue the Site or any part thereof and
you agree that we shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of the
Site or any part thereof. This license is limited to personal
and non-commercial uses by you. Any rights not expressly granted
to you herein are reserved to us. No portion of this Site is
targeted to children, and any minor should seek consent of his
or her legal guardian before using this site. Unless you have
received specific written permission from us, you may not (a)
"frame" or otherwise impose editorial comment, commercial
material or any information or content on, or in proximity to,
content displayed on the Site or (b) alter or modify any content
on the Site. Without limiting other restrictions, you agree not
to reproduce, transmit, sell, or otherwise exploit the Site for
any commercial purpose. Please be aware that we have created or
may create in the future certain areas on the Site that contain
adult or mature content. You must be at least 18 years of age to
access and view such areas.
The Site may allow users to upload, post, and/or distribute
user submitted content, and use of the Site for this purpose is
subject to the following conditions:
You understand that all user feedback, data, comments,
suggestions, information, text, data, software, sounds,
photographs, audio, audiovisual, video, artwork, graphics,
messages and other materials of any nature ("Materials")
that are transmitted to or via the Site are the sole
responsibility of the person from which the Materials
originated. This means you, and not us, are entirely
responsible for the Materials you transmit through the Site.
Further, you understand that by using the Site you may be
exposed to Materials that are offensive, objectionable or
indecent.
You shall not create a user name or screen name or
upload to, distribute through or otherwise publish through
the Site any Materials which are libelous, defamatory,
threatening, invasive of privacy or publicity rights,
harmful of minors in any way, abusive, illegal or harassing,
or contain expressions of hatred, bigotry, racism, or are
otherwise objectionable, or that would constitute or
encourage a criminal offense, violate the rights of any
party or violate any law or that you do not have a right to
make available under contractual or fiduciary relationships.
Your Materials, user name and/or screen name will not
disparage in any manner WestIndianTube.com, its owners,
advertisers, products, or services and sites.
Your Materials shall not infringe the copyright,
trademark, publicity/privacy right or other intellectual
property right of any third party.
You shall not upload to, distribute through or otherwise
publish through the Site any Materials that are directly or
indirectly commercial in nature or contain any solicitation
of funds, promotion, advertising or solicitation for goods
or Site. You specifically acknowledge that soliciting other
users to join or become users or members of any commercial
online web site or other organization is expressly
prohibited.
You shall not upload to, distribute through or otherwise
publish through the Site any Materials that contain viruses
or any other computer code, corrupt files or programs
designed to interrupt, destroy or limit the functionality or
disrupt any software, hardware, telecommunications,
networks, servers or other equipment.
You shall not act in a manner that negatively affects
other users' ability to interact with the Site.
You shall not collect or store personal data about other
users.
You acknowledge that we do not pre-screen any Materials
posted by you or other users, but that we and our designees
shall have the right (but not the obligation) in our sole
discretion to refuse or remove any Materials. Without limiting
any of our rights, we and our designees shall have the right to
remove any Materials that violate the Terms or are otherwise
objectionable, as well as terminate your access to the Site. You
agree that we have no liability or responsibility for the
storage or deletion of any Materials that you or any other
persons submit or post. We reserve the right to change these
general practices and limits at any time in our sole discretion.
Unless you enter into a separate agreement with us, such as
through the Contest, we do not claim ownership in Materials you
submit, however, by submitting Materials in any form to us, in
addition to other provisions of the Terms, you automatically
grant WestIndianTube Entertainment Media Group, and its
successors, assigns, and licensees and parent, subsidiary and
other affiliated entities ("WestIndianTube Entertainment Media
Group"), an exclusive, fully-paid, world-wide, royalty-free
license to publicly display, publicly perform, distribute, and
reproduce the Materials in any manner and in any medium,
including, without limitation, through physical copies such as
still photos, videos, and CDs, by television by any means, on or
via the Internet, including, without limitation, the World Wide
Web, and any other two-way transmission control protocol /
internet protocol (TCP/IP) based distribution network or similar
networks or technologies now known or hereafter to become known,
including, but not limited to, delivery via such a network to
personal computers, hand-held devices, and television set-top
boxes through telephone or cable lines, or wirelessly through
broadband, satellite, cellular or terrestrial broadcast networks
and other similar networks or technologies whether now existing
or hereafter developed. You obtain no rights in any form, media,
or technology incorporating the Materials.
3. Private Policy
Information that you submit is subject to our Privacy Policy.
For more information, see our full privacy policy at
http://www.WestIndianTube.com/privacy.php . Your use of the Site
is your consent to the Privacy Policy.
4. Password And Security
You are responsible for maintaining the confidentiality of
YOUR password and account, and are fully responsible for all
activities that occur under your password or account. You agree
to immediately notify us of any unauthorized use of your
password or account or any other breach of security. You
acknowledge, consent and agree that we may access, preserve, and
disclose your account information and Material if required to do
so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms; (c) respond
to claims that any Materials violates the rights of
third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety
of us, our users and the public. You understand that the
technical processing and transmission involved in interacting
with the Site, including the transmission of Materials, may
involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices. You understand that the Site may include
security components that permit digital materials to be
protected, and use of these materials is subject to usage rules
set by us and/or content providers who provide content to the
Site. You may not attempt to override or circumvent any of the
usage rules embedded into the Site.
5. Contests And Rating
Content
From time to time, we may conduct contests in which we may
award various prizes. You agree that if you participate in any
contest, you will abide by all the rules and be subject to all
the terms and conditions of such contest, in addition to these
Terms. You agree that you shall only rate each individual
instance of content on our Site, such as videos, still pictures,
flash animation, games and joke only once.
6. International Use
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Materials. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
7. Indemnity
You agree to indemnify and hold us,
WestIndianTube Entertainment Media Group, affiliates, officers,
agents, partners and employees harmless from any claim or
demand, including reasonable attorneys fees, arising out of your
content and materials, your use of the Site, your violation of
these Terms or your violation of any third party's rights
including such party's copyrights and trademarks.
8. Disclaimer Of Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND US, THE SITE AND RELATED APPLICATIONS, MATERIALS
AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM
EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES,
OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; ACCURACY, comPLETENESS, RELIABILITY, TIMELINESS,
CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B)
ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF
NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED
INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE,
APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE
OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS,
AND RELATED INFORMATION.
9. Assumption And Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED
INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR
OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR comPUTER OR LOSS OF DATA. BY VIEWING THIS SITE,
READING comMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND
SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE,
INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE
THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY
SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER
OR CONTENT PROVIDER ON THE SITE.
10. No Incidental,
Consequential Or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER
WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU
AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF
PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT
LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF
WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE,
APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE
TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Limitation Of Liability
And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS
BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR
OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE
APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY
YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT
THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN
THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
12. Links; Advertisers
The Site contains links to third party sites that are not
under our control and we not responsible for any content on any
linked site. If you access a third party site from the Site,
then you do so at your own risk. We provide links only as a
convenience and the inclusion of the link does not imply that we
endorse or accept any responsibility for the content on those
third party sites. Additionally, your dealings with or
participation in promotions of advertisers found on the Site,
including payment and delivery of goods, and any other terms
(such as warranties) are solely between you and such
advertisers. You agree that we shall not be responsible for any
loss or damage of any sort relating to your dealings with such
advertisers.
13. General Practices
Regarding Use And Storage
You acknowledge that we may establish general practices and
limits concerning use of the Service, including without
limitation the maximum number of days that Materials will be
retained by the Site, the maximum number of Materials that may
be sent from or received by an account, the maximum size of any
Materials, the maximum disk space that will be allotted to you,
and the maximum number of times (and the maximum duration for
which) you may access the Site in a given period of time. You
acknowledge that we reserve the right to log off accounts that
are inactive for an extended period of time.
14. Our Proprietary Rights
You acknowledge and agree that the Site and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through
the Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by us or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Site or the Software, in whole or
in part. We grant you a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including,
without limitation, for the purpose of obtaining unauthorized
access to the Site.
15. No Third Party
Beneficiaries
You agree that, except as otherwise expressly provided in
these Terms, there shall be no third party beneficiaries to this
Agreement.
16. Notice And Amendments
We may provide you with notices, including those regarding
changes to these Terms, by either e-mail, regular mail, or
postings on the Site. Any use of the Site or order by you after
such updating shall be deemed to constitute acceptance of such
amendments, modifications, or new conditions. If you do not want
to be bound by an amendment, you will need to terminate your
registration, if any, and refrain from using the Site. Except as
expressly stated otherwise, any notices required or allowed
under these Terms shall be given to us by e-mail or by detailed
message to:
or as to a successor address that we make available on the
Site or through other reasonable manner. If applicable law
requires that we accept e-mail notices (but not otherwise), then
you may send us e-mail notice at webmaster@westindiantube.com
. With respect to our notices to you, we may provide
notice of amendments by posting them in the Site and you agree
to check for changes. Instead or in addition, we may give notice
by sending email to the email address you provide during
registration.
17. Procedure For Making
Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others, and we ask
our users to do the same. We may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of
users who may be repeat infringers. If you believe that your
work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide us with the following
information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is
infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;
6. a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property
infringement can be delivered as follows, by email:
Entire Agreement. These Terms constitute the entire agreement
between you and us and govern your use of the Site, superseding
any prior agreements. You also may be subject to additional
terms and conditions that may apply when you use or purchase
certain other services, affiliate services, third-party content
or third-party software. Resolution of Disputes. You agree that
any controversy arising out of or in connection with our
relationship, or a dispute with reference to these Terms, their
validity or effect will be governed by the laws of the state of
California. Any controversy arising out of or in connection with
use of the Site or these Terms, their validity or effect, will
be conclusively determined by arbitration in the City of Los
Angeles in accordance with the rules of the American Arbitration
Association; provided, however, that such arbitration will be
held before a single arbitrator selected by the parties, which
arbitrator must be well acquainted with the digital
entertainment Internet industry. You agree that any proceeding
that you may choose to bring against us will be initiated within
six (6) months after the alleged date of the event bringing rise
to such dispute. You waive any and all rights and benefits which
you or we might otherwise have or be entitled to litigate any
such dispute in court, because it is your intention to arbitrate
all such disputes according to the provisions hereof. The
arbitrator's decision will be controlled by these Terms. Any
such decision and accompanying award will provide for each
party, respectively, to bear its own costs of arbitration and
attorneys fees. The pendency of an arbitration, the proceedings,
any evidence or other material, and any award shall be
maintained and remain confidential, except that an award may be
confirmed by a court of competent jurisdiction if it has not
been fully satisfied within 14 days of its issuance. Waiver and
Severability of Terms. Our failure to exercise or enforce any
right or provision of these Terms shall not constitute a waiver
of such right or provision. If any provision of these Terms is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms shall remain
in full force and effect.
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