"User" refers to any individual who either accesses, views, uploads or has uploaded media files to YUVUTU.
"Registered User" refers to an individual who has furnished YUVUTU with a custom username, password, and their email address, and has, in return, been provided with added privileges above and beyond those privileges granted to users of YUVUTU.
"User Submission" refers to any material (media file, story, audio clip) submitted to YUVUTU or uploaded on the YUVUTU service
You must be 21 or over to register as a registered user of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 21 years old; and that you are interested in and wish to have access to videos, pictures, written stories, descriptions and audio sounds of a sexual nature.
The materials which are available within this site often include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 21 years old or who is offended by such materials or who does not wish to be exposed to such materials.
By using and/or viewing this site you represent and warrant:
* That you are an adult, at least 21 years of age.
* That you will not permit any person(s) under 21 years of age to have access to any of the materials contained within this Site.
* That you understand that when you gain access to this site, you will be exposed to video, pictures, verbal descriptions and audio sounds of a sexual nature and that you are voluntarily choosing to do so.
* That you are not using and/or viewing the Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
3. 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 YUVUTU 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.
* You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
* You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to YUVUTU, you hereby grant YUVUTU a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YUVUTU Website, including without limitation for promoting and redistributing part or all of the YUVUTU Website (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete a User Submission from the YUVUTU Website.
You agree not to use YUVUTUs services to upload the following types of media under any circumstance:
* Media files which depict any form of under age sex (paedophilia). All persons depicted in a media file must be aged 21 years or over at the time the media was created.
* Media containing scenes of death, rape, physical violence, or any act or portrayal of non-consensual sex.
* Media files containing violence to animals or sexual acts with animals (bestiality).
* Media files containing sexual acts with corpses (necrophilia).
* Media which promotes hate or racism towards an identifiable group or is otherwise aimed to harass individuals or multiple persons.
* Submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability violation, violate any law, or is otherwise inappropriate;
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 YUVUTU all of the license rights granted herein.
* Publish falsehoods or misrepresentations that could damage YUVUTU or any third party.
* Media in a format which does not conform to the allowed file types on YUVUTU.
* Post advertisements or solicitations of business.
* Impersonate another person.
YUVUTU reserves the right to decide appropriate content at its own discretion and may delete media files uploaded by users at anytime. Any user found to be uploading any of the aforementioned media will have their IP banned from the site and will not be able to access, view, or load the YUVUTU site. We may also contact the appropriate authorities in regards to the offending content and provide them with information such as your IP, a tracking cookie, and the time of the upload of the offending media. This information may be used against you to find and prosecute you in regard to any of the aforementioned infringements. In the case of paedophiliac content, it is YUVUTU company policy to proactively trace and identify the offending user and supply this information to the appropriate authorities. Registered users found to be in violation of the allowable media types limitations will have their registered usership privileges revoked, their account information cancelled and deleted, and all other media uploaded by said registered user removed from the YUVUTU site.
YUVUTU does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YUVUTU expressly disclaims any and all liability in connection with User Submissions. YUVUTU does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YUVUTU will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. 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 quoting the video id number or article number and 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 to infringement@YUVUTU.com .
4. USER ACCESS
You understand that when using the YUVUTU Website, you will be exposed to User Submissions from a variety of sources, and that YUVUTU 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 YUVUTU with respect thereto, and agree to indemnify and hold YUVUTU, 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. Users are not allowed to direct link/hotlink/embed videos on any other site. Users must link to media files on YUVUTU with the file link provided to them at the time of upload. Any user who attempts to bypass or otherwise suppress measures in place to prevent such activities will have all their media removed from the site. Moreover, the user will be disallowed from uploading, viewing, accessing or using content on the YUVUTU site in the future. YUVUTU reserves the right to remove, replace or alter any videos which intends to compromise the security of our server, use an excessive amount of bandwidth, or would be otherwise malignant. YUVUTU also assumes no responsibility or liability for registered user's lost registration links or users forgotten media upload urls. The user is responsible to keep track of this information. Registered users are also responsible for maintaining the confidentiality of their account access information and responsible for all activities that occur under their user account. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the YUVUTU servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, YUVUTU grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. YUVUTU 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
5. Registered user Disputes:
YUVUTU does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense when using our site. You are solely responsible for your interactions with other YUVUTU registered users. Because it is not involved in registered user interactions, in the event that you have a dispute with one or more registered users or those who have posted, viewed, or used information on the YUVUTU site, you release YUVUTU, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. YUVUTU reserves the right, but has no obligation, to monitor disputes between you and other registered users.
6. Warranty Disclaimer
You agree that your use of the YUVUTU website shall be at your sole risk. To the fullest extent permitted by law, YUVUTU, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. YUVUTU 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 YUVUTU website. YUVUTU does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the YUVUTU website or any hyperlinked website or featured in any banner or other advertising, and YUVUTU 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.
7. Limitation of Liability
In no event shall YUVUTU, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from 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 your use of any content posted, emailed, transmitted, or otherwise made available via the YUVUTU website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that YUVUTU 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.
You agree to defend, indemnify and hold harmless YUVUTU, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the YUVUTU Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the YUVUTU Website.
9. YUVUTU Intellectual Property Rights
The content on the YUVUTU Website, except all User Submissions 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 YUVUTU, subject to copyright and other intellectual property rights under European Union laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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. YUVUTU reserves all rights not expressly granted in and to the Website and the Content. 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. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the YUVUTU Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the YUVUTU Website or the Content therein.
10. Governing Law
This Terms of Service shall be deemed to have been made in, and shall be construed pursuant to the laws of England, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Terms of Service or any action relating to the subject matter hereof shall be the courts of England.
11. Miscellaneous Provisions
This Terms of Service and the AUTHORIZATION comprise the entire understanding between the parties with respect to its subject matter and supersede any previous or contemporaneous communications, representations, or agreements, whether oral or written. No modification of this Terms of Service will be binding on YUVUTU unless in writing and signed by an authorized representative of each party. Neither this Terms of Service nor any right, privilege, license or obligation set forth herein may be assigned, transferred or shared by user without YUVUTU's prior written consent, and any such attempted assignment or transfer is void. In the event any provision of this Terms of Service is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.