BootyTube permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, BootyTube does not guarantee any confidentiality with respect to any submissions.
AEMEDIA allows/permits you to link to materials on the Website for personal, non-commercial purposes only. More over, BootyTube provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the BootyTube website on the pages containing the Embeddable Player. BootyTube reserves the right to discontinue any aspect of the BootyTube website at any time. In addition, you may not mb-sidebar-wrapperodify, build upon or block any portion of the Embeddable Player in any way.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
- you own or retain the necessary licenses, rights, consents, and permissions to use and authorize BootyTube to use all trademarks, copyrights, trade secrets, patents, 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; and
- you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
- 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. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to BootyTube, you hereby grant BootyTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BootyTube Website and BootyTube’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the BootyTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BootyTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the BootyTube Website.
In submitting material (video or other communication), you further agree that you shall 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 BootyTube all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage BootyTube or any third party;
- submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- Impersonate another person. BootyTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AEMEDIA expressly disclaims any and all liability in connection with User Submissions. BootyTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AEMEDIA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. BootyTube reserves the right to remove Content and User Submissions without prior notice or delay. BootyTube will also terminate a User’s access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, BootyTube also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. BootyTube 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.
You understand and acknowledge that when using BootyTube, you will be exposed to User Submissions from a variety of sources, and that BootyTube 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 BootyTube with respect thereto, and agree to indemnify and hold BootyTube, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that BootyTube may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other BootyTube network or services at any time, for any reason, or for no reason at all, with or without notice.
BootyTube provides its website as a service to its users. However, BootyTube assumes no responsibility whatsoever for monitoring the BootyTube Services for inappropriate content or conduct. If at any time BootyTube chooses, in its sole discretion, to monitor the BootyTube Services, however, BootyTube assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. BootyTube may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
You further understand, acknowledge, agree and specifically authorize BootyTube to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by AEMEDIA or on any website with whom BootyTube has an agreement with respect to User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include any sponsored or otherwise branded uploaded videos. BootyTube reserves the right to determine as its discretion on what basis would a User submissions or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).