Terms & Conditions
PLEASE BE AWARE THAT BY USING THE ONESTOPTUBE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
As stated above, these ONESTOPTUBE Terms constitute an agreement between ONESTOPTUBE and you and governs your use of the ONESTOPTUBE. In the event of any conflict between the terms and conditions of these ONESTOPTUBE Terms and any such service or licensing agreements, the terms and conditions of the ONESTOPTUBE Terms shall prevail.
You may not upload content that could include:
- Adult content/videos
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
- Is sexually explicit (e.g., pornography) or promotes a sexual service
- Contains hateful or discriminatory speech
- Promotes or supports terror or hate groups
- Is defamatory
- Is harassing or abusive
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms
- Exploits or endangers minors
- Depicts or encourages self-harm or suicide
- Spreads false or misleading information
- Contains conspiracy-related content
- Depicts unlawful real-world acts of extreme violence
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices
- Violates any applicable law
You must be at least 13 years old to access or use the Services, including without limitation to complete a ONESTOPTUBE account registration. By accessing or using the Services in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services in any manner, and may not provide any personal information to or on the Services (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the Services, including without limitation to complete a ONESTOPTUBE Account Registration. By accessing or using the Services or the ONESTOPTUBE in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services in any manner, and may not provide any personal information to or on the Services (including, for example, a name, address, telephone number or email address).
Access to the ONESTOPTUBE
ONESTOPTUBE reserves the right to refuse, suspend or terminate your access to the ONESTOPTUBE if it determines, in its sole discretion, that you have in any way violated these ONESTOPTUBE Terms or are otherwise ineligible to access or use the Services. If your actions are determined by us to violate these ONESTOPTUBE Terms, ONESTOPTUBE may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in ONESTOPTUBE’s sole discretion), then ONESTOPTUBE may revoke your rights to the ONESTOPTUBE. You are solely responsible for ensuring that these ONESTOPTUBE Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the ONESTOPTUBE or any Services is revoked where these ONESTOPTUBE Terms or use of the any Services is prohibited or conflicts with any applicable law, rule or regulation.
ONESTOPTUBE will use reasonable efforts to make the ONESTOPTUBE available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
- To access some of the ONESTOPTUBE features you will need to register for an account as an individual or as a business and consent to these ONESTOPTUBE Terms. If you do not consent to these ONESTOPTUBE Terms, ONESTOPTUBE reserves the right to refuse, suspend or terminate your access to the ONESTOPTUBE.
- You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the ONESTOPTUBE or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the ONESTOPTUBE Services.
- Some premium or additional features of ONESTOPTUBE (including without limitation THE ONESTOPTUBE PRO-Member) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event ONESTOPTUBE charges for features you will be notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of ONESTOPTUBE.
You are strictly prohibited from providing false or misleading sign-up information, including using a name, address or email address owned or controlled by another person without appropriate authorization. ONESTOPTUBE reserves the right to refuse registration or cancel any account that it reasonably believes is in violation of the foregoing. You are responsible for maintaining the secrecy of your password and are liable for all activities that occur on your account. You agree to immediately notify ONESTOPTUBE of any unauthorized use of your username, password or other breach of account security.
- We may apply limits on any plan in case of excessive or abusive usage.
- If you have uploaded illegal videos, we will delete those videos and we may block your account.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL THE ONESTOPTUBE BE LIABLE ON ANY LEGAL THEORY (A) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING LOSS OF REVENUE, PROFITS OR GOODWILL, (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, (C) FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, (D) YOUR INABILITY TO USE THE PRODUCTS, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SOFTWARE, (ii) DISCONTINUATION OF A PORTION OR ALL OF THE PRODUCTS, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PRODUCTS FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, OR (E) DIRECT DAMAGES IN EXCESS OF THE TOTAL FEES PAID BY PARTICIPANT TO ONESTOPTUBE PURSUANT TO THIS AGREEMENT, EVEN IF ONESTOPTUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Nothing herein constitutes or creates an employer-employee, agency, joint venture or representative relationship between the parties.
All materials displayed or performed on the ONESTOPTUBE, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations are the property of ONESTOPTUBE and/or third parties and are protected by international copyright laws.
All trademarks, service marks, and trade names are proprietary to ONESTOPTUBE and/or third parties and use of ONESTOPTUBE means you agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through ONESTOPTUBE.
Other than as expressly set forth in these ONESTOPTUBE Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the ONESTOPTUBE Content, software, materials, or Services in whole or in part.
Any other downloading, copying, or storing of any ONESTOPTUBE Content (other than Subscriber Content or content made available by ONESTOPTUBE) for other than personal, non-commercial use is expressly prohibited without prior written permission from ONESTOPTUBE or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the ONESTOPTUBE (other than Subscriber Content or content made available by ONESTOPTUBE) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by ONESTOPTUBE or third party licensors for your personal, non-commercial use, and no title to the Software shall transfer to you. ONESTOPTUBE or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
As stated above, by agreeing to these ONESTOPTUBE Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the ONESTOPTUBE is governed by the Acceptable Use Policy.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ONESTOPTUBE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ONESTOPTUBE PROVIDES NO GUARANTEES THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE ONESTOPTUBE, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE ONESTOPTUBE TERMS ON AN “AS IS” BASIS.
You will indemnify and hold ONESTOPTUBE, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the ONESTOPTUBE, use of ONESTOPTUBE products or services made available on the ONESTOPTUBE, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONESTOPTUBE AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES, EVEN IF ONESTOPTUBE OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT ONESTOPTUBE’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Assignment and Jurisdiction
ONESTOPTUBE reserves the right to assign our rights and obligations under these ONESTOPTUBE Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These ONESTOPTUBE Terms will be governed by and construed in accordance with the applicable laws, without giving effect to the principles of that State regarding conflicts of laws. Both you and ONESTOPTUBE hereby irrevocably agree to the sole and exclusive personal jurisdiction of the relevant Courts with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Services. Notwithstanding the foregoing, these ONESTOPTUBE Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these ONESTOPTUBE Terms. The Uniform Commercial Code shall not apply to the provisions of these ONESTOPTUBE Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these ONESTOPTUBE Terms. In the event of any conflict between the terms and conditions of these ONESTOPTUBE Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND ONESTOPTUBE OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE ONESTOPTUBE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND ONESTOPTUBE SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (365) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN COURT. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
ONESTOPTUBE reserves the right, in its sole discretion, to modify or replace these ONESTOPTUBE Terms, as our business evolves over time and to better provide Services and Products to the ONESTOPTUBE community, or to change, suspend, or discontinue the ONESTOPTUBE and/or any Services or Products at any time by posting a notice on the ONESTOPTUBE website or apps or by sending you notice via e-mail or by another appropriate means of electronic communication.
Merger and Severability
The parties to these ONESTOPTUBE Terms are independent contractors and these ONESTOPTUBE Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and ONESTOPTUBE. These ONESTOPTUBE Terms represent the entire agreement between you and ONESTOPTUBE and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the ONESTOPTUBE or Services or Products contemplated hereunder. If any provision of these ONESTOPTUBE Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these ONESTOPTUBE Terms shall remain and continue in full force and effect.
Our failure to enforce any part of these ONESTOPTUBE Terms shall not constitute a waiver of our right to later enforce that or any other part of these ONESTOPTUBE Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these ONESTOPTUBE Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.