Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the GospelTube.com domain name, the "Gospeltube.com
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
Gospeltube's PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.gospeltube.com,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to
any of these terms, then please do not use the Gospeltube Website.
2. GospelTube Website
These Terms of Service apply to all users of the GospelTube Website,
including users who are also contributors of video content, information,
and other materials or services on the Website. The GospelTube Website
may contain links to third party websites that are not owned or
controlled by GospelTube. GospelTube has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, GospelTube will not and cannot censor
or edit the content of any third-party site. By using the Website, you
expressly relieve Gospeltube.com from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be
aware when you leave the GospelTube Website and to read the terms and
conditions and privacy policy of each other website that you visit.
3. Website Access
A. GospelTube hereby grants you permission to use the Website as set
forth in this Terms of Service, provided that: (i) your use of the
Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any
medium without YouTube's prior written authorization; (iii) you will not
alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of
Service.
B. In order to access some features of the Website, you will have to
create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure.
You must notify GospelTube immediately of any breach of security or
unauthorized use of your account. Although GospelTube will not be liable
for your losses caused by any unauthorized use of your account, you may
be liable for the losses of GospelTube or others due to such
unauthorized use.
C. 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
Gospeltube.com 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, Gospeltube.com 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.
GospelTube 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.
4. Intellectual Property Rights
The content on the GospelTube Website, except all User Submissions
(as defined below), 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 GospelTube,
subject to copyright and other intellectual property rights under United
States and foreign 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. Gospeltube.com 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 GospelTube
Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the GospelTube Website or the
Content therein.
5. User Submissions
A. The GospelTube Website may now or in the future permit the
submission of videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or publishing
of such User Submissions. You understand that whether or not such User
Submissions are published, GospelTube does not guarantee any
confidentiality with respect to any submissions.
B. 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: (i) you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize GospelTube 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; and (ii)
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. However, by submitting the User Submissions to
GospelTube, you hereby grant GospelTube 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 GospelTube Website and GospelTube's
(and its successor's) business, including without limitation for
promoting and redistributing part or all of the GospelTube Website (and
derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the GospelTube 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 Gospeltube.com Website.
C. In connection with User Submissions, you further agree
that you will not: (i) 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 Gospeltube.com all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage GospelTube or
any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, 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; (iv) post advertisements or
solicitations of business: (v) impersonate another person.
YouTube does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Gospeltube.com expressly
disclaims any and all liability in connection with User Submissions.
GospelTube does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
GospelTube will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. Gospeltube.com reserves the right to remove
Content and User Submissions without prior notice. GospelTube will also
terminate a User's access to its Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. Gospeltube.com also reserves the
right to decide 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, pornography, obscene or defamatory material, or
excessive length. Gospeltube.com 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.
D. In particular, 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 pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available,
an electronic mail;
(v) 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; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
(D), your DMCA notice may not be valid.
E. You understand that when using the GospelTube Website, you will be
exposed to User Submissions from a variety of sources, and that
GospelTube 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 GospelTube with respect
thereto, and agree to indemnify and hold GospelTube, 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.
F. GospelTube permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, GospelTube 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
Gospeltube.com website on the pages containing the Embeddable Player.
GospelTube reserves the right to discontinue any aspect of the
GospelTube Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GOSPELTUBE WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REBIRTH CHRISTIAN
MEDIA, LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. YOUTUBE 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 OMISSIONSIN 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 GOSPELTUBE.COM WEBSITE. GOSPELTUBE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE GOSPELTUBE.COM WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOSPELTUBE.COM 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 REBIRTH CHRISTIAN MEDIA, LLC 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 GOSPELTUBE 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 GOSPELTUBE 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.
The Website is controlled and offered by Rebirth Christian
Media, LLC from its facilities in Nashville, TN in the United States of America.
Rebirth Christian Media, LLC makes no representations that the
GospelTube Website is appropriate or available for use in other
locations. Those who access or use the GospelTube Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless GospelTube, 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 GospelTube
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 GospelTube Website.
9. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Rebirth Christian Media, LLC without restriction.
10. General
You agree that: (i) the GospelTube Website shall be deemed solely
based in California; and (ii) the GospelTube Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
GospelTube, either specific or general, in jurisdictions other than
Tennessee. These Terms of Service shall be governed by the internal
substantive laws of the State of Tennessee, without respect to its
conflict of laws principles. Any claim or dispute between you and
GospelTube that arises in whole or in part from the GospelTube Website
shall be decided exclusively by a court of competent jurisdiction
located in Davidson County, Tennessee. These Terms of Service,
together with the Privacy Notice at http://www.gospeltube.com and any
other legal notices published by GospelTube on the Website, shall
constitute the entire agreement between you and GospelTube concerning
the GospelTube Website. If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and
GospelTube's failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right or provision.
GospelTube reserves the right to amend these Terms of Service at any
time and without notice, and it is your responsibility to review these
Terms of Service for any changes. Your use of the GospelTube Website
following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND GOSPELTUBE AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GOSPELTUBE
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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