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Terms of use

 
Terms and Conditions
Terms Of Use
 

1. dutetare Website

  1. These Terms of Service apply to all users of the dutetare Website, including users who are also contributors of video content, information, and other materials or services on the Website. The dutetare Website includes all aspects of dutetare, including but not limited to all products, software and services offered via the website such as the dutetare channels, the dutetare "Embeddable Player," the dutetare "Uploader" and other applications.
  2. The dutetare Website may contain links to third party websites that are not owned or controlled by dutetare. dutetare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, dutetare will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve dutetare from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the dutetare Website and to read the terms and conditions and privacy policy of each other website that you visit.

2. dutetare Accounts

  1. In order to access some features of the Website, you will have to create a dutetare 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 dutetare immediately of any breach of security or unauthorized use of your account.
  2. Although dutetare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of dutetare or others due to such unauthorized use.

3. General Use of the Website—Permissions and Restrictions

dutetare hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without dutetare's prior written authorization.
  2. You agree not to alter or modify any part of the Website, including but not limited to dutetare's Embeddable Player or any of its related technologies.
  3. You agree not to access User Submissions (defined below) or dutetare Content through any technology or means other than the video playback pages of the Website itself, the dutetare Embeddable Player, or other explicitly authorized means dutetare may designate.
  4. You agree not to use the Website, including the dutetare Embeddable Player for any commercial use, without the prior written authorization of dutetare. Prohibited commercial uses include any of the following actions taken without dutetare's express approval:
    • sale of access to the Website or its related services (such as the Embeddable Player) on another website;
    • use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the dutetare website or any third-party website, targeted to the content of specific User Submissions or dutetare content;
    • and any use of the Website or its related services (such as the Embeddable player) that dutetare finds, in its sole discretion, to use dutetare's resources or User Submissions with the effect of competing with or displacing the market for dutetare, dutetare content, or its User Submissions.
  5. Prohibited commercial uses do not include:
    • uploading an original video to dutetare, or maintaining an original channel on dutetare, to promote your business or artistic enterprise;
    • using the Embeddable Player to show dutetare videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with dutetare;
    • any use that dutetare expressly authorizes in writing.
  6. If you use the dutetare Embeddable Player on your website, you must include a prominent link back to the dutetare website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the dutetare servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, dutetare grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. dutetare 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  8. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, dutetare Community Guidelines, and all applicable local, national, and international laws and regulations.
  9. dutetare reserves the right to discontinue any aspect of the dutetare Website at any time.

4. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the dutetare Website.

  1. The content on the dutetare 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 dutetare, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. dutetare reserves all rights not expressly granted in and to the Website and the Content.
  2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the dutetare Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by dutetare on the dutetare Website for that User Submission.
  3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the dutetare Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the dutetare Website or otherwise as prohibited under this Agreement.
  4. You may access dutetare Content, User Submissions and other content only as permitted under this Agreement. dutetare reserves all rights not expressly granted in and to the dutetare Content and the dutetare Website.
  5. 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.
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the dutetare Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the dutetare Website or the Content therein.
  7. You understand that when using the dutetare Website, you will be exposed to User Submissions from a variety of sources, and that dutetare 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 dutetare with respect thereto, and agree to indemnify and hold dutetare, 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.

5. Your User Submissions and Conduct

  1. As a dutetare account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, dutetare does not guarantee any confidentiality with respect to any User Submissions.
  2. 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 dutetare 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.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to dutetare, you hereby grant dutetare 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 dutetare Website and dutetare's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the dutetare Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the dutetare Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the dutetare Website. You understand and agree, however, that dutetare may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. 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 dutetare all of the license rights granted herein.
  5. dutetare does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and dutetare expressly disclaims any and all liability in connection with User Submissions. dutetare does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and dutetare will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. dutetare reserves the right to remove Content and User Submissions without prior notice.

6. Account Termination Policy

  1. dutetare will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. dutetare 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, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. dutetare 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.

7. Digital Millennium Copyright Act

  1. 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):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • 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;
    • 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;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • 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
    • 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.

    dutetare's designated Copyright Agent to receive notifications of claimed infringement is: copyright@dutetare.ro .