Terms of use

Your use of the Herbotube Service implies your acceptance of these Terms of Use. We ask that you read them carefully.

If you have any questions, please do not hesitate to contact us.

SECTION 1: DESCRIPTION OF THE HERBOTUBE SERVICE

1.1. Herbotube is a video Sharing website that enables users to access, view, upload, store and share videos.

1.2. By accessing and/or using the Herbotube Service, without being logged into Herbotube Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, view or share videos available on the Herbotube Service, but will not be able to benefit from all the other features available on the Herbotube Service. A “Herbotube Account” means the video content storage space on the Herbotube Service which is dedicated to a Viewer or a User of Herbotube Service that can be created by signing up for a Herbotube Account via www.Herbotube.com.

1.3. If You want to be able to upload/Import videos and access some other features of the Herbotube Service, You will need to first create a Herbotube Account. You will then be a “User”, being though agreed that after having created Your Herbotube Account and will be able to upload videos or access the other features of the Herbotube Service.

1.4. Information provided by You to create Your Herbotube Account must be accurate and complete.

1.5. By creating a Herbotube Account, You agree that You alone will be responsible (to Herbotube and to others) for all activity that occurs under Your Herbotube Account. The user id and password which are necessary to access the Herbotube Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.

1.6. As a User, You will also have the ability to access some more additional features from the Herbotube Service, and if and when you have accepted the terms of the Herbotube Partner(Pro User) Program, you will then be a “Pro User” and will have the opportunity to monetize Your Content uploaded/Imported on Your Herbotube Account.

1.7. If You are a Pro User, You may notably upload/Import video files (that must be compliant with these Terms) on the Herbotube Service, and have a Cover and an avatar that will be associated with Your Herbotube Account. Any and all elements posted by You on the Herbotube Service are deemed to be “Your Content.” If you are not a Pro User, then you are not able to upload or Import Videos on Herbotube.com

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. Whether You are a Visitor, a Viewer, a User or a Partner(Pro User), either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Herbotube, including but not limited to the Herbotube privacy and cookie policies, as accessible at any time from the homepage of the Herbotube website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Herbotube Service if You do not accept any of the Terms. You understand and agree that Herbotube will treat Your use of the Herbotube Service as acceptance of the Terms from that point onwards.

2.2. Herbotube may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Herbotube website. If You do not agree to the modified Terms, Your only recourse is to stop using the Herbotube Service. Your continued use of the Herbotube Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.

2.3. You shall not use the Herbotube Service if (a) You are not of legal age to form a binding contract with Herbotube , or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Herbotube Service under the laws of the country in which You are resident or from which You access or use the Herbotube Service.

2.4. If You are not an individual, You represent to Herbotube that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the Herbotube Service.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

3.1. For the entire period during which Your Content is hosted on the Herbotube Service, You grant to Herbotube , and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Herbotube Service.

3.2. By making Your Content accessible on the Herbotube Service, You agree to allow any Visitors of the Herbotube Service , to view and to share Your Content through the Herbotube Default player on or through any declination of the Herbotube Service, as accessible (online or offline) via any current or future device capable of distributing the Herbotube Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.

3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Herbotube shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.

SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Herbotube Service, which right is conditioned on Your compliance with the Terms.

4.2. The content (other than Your Content and other users' content) included on or accessible through the Herbotube Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Herbotube Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Herbotube Content”), is the exclusive property of Herbotube and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

SECTION 5: OUR LIABILITY AS HOST

5.1. In its capacity as a web hosting service provider, Herbotube is under no legal obligation to monitor content uploaded on the Herbotube Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Herbotube Service to any infringing content once having been notified of its existence.

5.2. You agree that Your use of the Herbotube Service shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Herbotube Service and more specifically for Your Content, and (ii) the protection of its computer hardware against any virus or interruption.

5.3. You acknowledge and agree that the Herbotube Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the Herbotube player), on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that Herbotube may enhance, modify and update the Herbotube Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Herbotube Service.

SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE HERBOTUBE SERVICE AND ITS RELATED TECHNOLOGIES

6.1. In view of the user-driven nature of the Herbotube Service, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the Herbotube Service. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the Herbotube Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations.

6.2. By uploading or disseminating images, data, and/or text to or through the Herbotube Service, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Herbotube Service.

6.3. Herbotube reserves the right to decide in its sole discretion whether Your Content, Your Herbotube Account and/or Your use of the Herbotube Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your Herbotube Account being deactivated and/or (iii) any elements or data related to Your Content or to Your Herbotube Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Herbotube Service, without prior notice. In addition, Herbotube reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.

6.4. Because the Herbotube Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Herbotube Service and then associated to your Herbotube Account and/or Your Content.

6.5. Moreover, You shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.

SECTION 7: REPORTING PROHIBITED CONTENT

7.1. If You notice infringing or illegal content and/or activity on the Herbotube Service, You can report it to us at any time by contacting us via the form available from the homepage of the Herbotube website.

SECTION 8: DATA AND PRIVACY

8.1. The records of Herbotube are stored on our systems in accordance with standard safety practices and applicable laws. The Herbotube records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Herbotube Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.

8.2. The Herbotube Service may contain links to websites operated by other entities (a "Linked Site"). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.Herbotube has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Herbotube .

8.3. Herbotube takes very seriously Your privacy and the protection of Your personal data, collected and processed in connection with Your use of the Herbotube Service. If You want to find out more about the personal data collected, how we collect them and the related processes, You can check our Privacy Policy available at any time on the Herbotube website.

Last Updated: May 20th 2020