GayTube.com is not a producer (primary or secondary) of any and all of the content found on the website (GayTube.com). With respect to the records as per 18 USC 2257 for any and all content found on this site, please kindly direct your request to the site for which the content was produced.
GayTube.com is a video sharing site in which allows for the uploading, sharing and general viewing of various types of adult content and while GayTube.com does the best it can with verifying compliance, it may not be 100% accurate.
GayTube.com abides by the following procedures to ensure compliance:
* Requiring all users to be 18 years of age to upload videos.
* When uploading, user must verify the content; assure he/she is 18 years of age; certify that he/she keeps records of the models in the content and that they are over 18 years of age.
GayTube.com allows content to be flagged as inappropriate. Should any content be flagged as illegal, unlawful, harassing, harmful, offensive or various other reasons, GayTube.com shall review, and if deemed so, remove it from the site without delay.
For further assistance and/or information in finding the content’s originating site or owner, please contact GayTube.com here.
All banner advertising placements on Gaytube.com is delivered and managed by Traffic Junky.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (For content of the act please refer to http://www.copyright.gov) and/or any other applicable intellectual property legislation or laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
To file a notice of infringement with us, you can submit the notification through the form provided here. This method is the fastest method for submission:
This form is designed to help the copyright owners identify their content accurately and help speed up the process of content take-down should such material proved to be infringing upon the rights of the IP owner.
Please note that you will be liable for damages (including court costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
If you would prefer to submit your claim by postal mail or email, please provide us with all information required by the Digital Millennium Copyright Act and send your notice to the following addresses:
Please note: Copyright Compliance Agency cannot guarantee recipient of all mail unless it is sent by registered mail. Submitting your notice through any means other than the form may slow down the process of investigation of claims.
Acceptance of the Terms of ServiceThe following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.gaytube.com (hereinafter “GayTube” or the “Website”), including any content, functionality and services offered on or through GayTube, whether as a guest or a registered user. These Terms of Service apply to the Website, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
When using the Website, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service. We may also offer other websites that are governed by different Terms of Service.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content, including homosexual content.
Changes to the Terms of Service
We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at http://www.gaytube.com/info_terms, so you are aware of any changes, as they are binding on you.
All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to use the Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.
About Our Website
GayTube allows for uploading, sharing and general viewing of various types of adult-oriented content by registered and unregistered users who desire to share and view visual depictions of male homosexual adult-oriented content, including sexually explicit images. In addition, GayTube contains texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by users.
The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by GayTube.
This Website is for male homosexual adult-oriented content. Other categories of content may be deleted.
You understand and acknowledge that when using GayTube, you will be exposed to content from a variety of sources, and that GayTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is 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 GayTube with respect thereto, and agree to indemnify and hold GayTube, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: support@GayTube.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although GayTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GayTube or others due to such unauthorized use.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You acknowledge that GayTube reserves the right to charge fees for GayTube services and Website access and to change its fees in its complete and sole discretion.
Our Intellectual Property
GayTube and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Website, such as trademarks, service marks, names or logos associated with third party Content providers, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of GayTube or the Website or vice versa.
Certain materials available on or through the Website are content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
GayTube provides an “Embeddable Player” feature, which you may incorporate into your own websites for use in accessing the Content on the Website. You may not modify, build upon or block any portion or functionality of the Embeddable Player in any way, including but not limited to links back to the GayTube.
The above described license is conditioned on your compliance with these Terms of Service, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
If the Website allows you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Download License”). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.
Content Posted by Users
The Website may contain message boards, chat rooms, personal web pages or profiles, playlists, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to other users or other persons (collectively, “post”) content, data, information, videos, images, recordings, materials, code or content of any kind (collectively, “Content”) on or through the Website.
As a GayTube account holder you may submit Content to the Website and other Websites linked to on the Website including videos and user comments. You understand that GayTube does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing transmitting or otherwise making available your Content on the Website. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Website. We do not control Content you submit or contribute and we do not make any guarantee whatsoever related to Content submitted or contributed by users. Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to GayTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to GayTube, you hereby grant GayTube a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Website and GayTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each user of the Website a non-exclusive, , royalty free license to access your Content through the Website, and to use, reproduce, distribute, display, communicate and perform such Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in video Content you submit to the Website terminate within a commercially reasonable time after you remove or delete your videos from the Website. You understand and agree, however, that GayTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GayTube all of the license rights granted herein.
GayTube does not endorse any Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and GayTube expressly disclaims any and all liability in connection with Content. GayTube does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and GayTube will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. GayTube reserves the right to remove Content without prior notice.
All Content you submit must comply with the Content standards set out in these Terms of Service.
If any of the Content that you post to or through the Website contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
In the process of posting Content to GayTube, you may be asked to provide some personally identifying information, such as your name, address, e-mail address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Website.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Website, including the name used in registering for and using the Website or other personally identifying information, may be displayed to other members of GayTube, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances.
You agree that you will only use the Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Website and our services for any other purposes, including commercial purposes, without our express written consent.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose. Specifically, you agree not to use the Website to:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain the GayTube services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, GayTube may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of GayTube in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
However, we do not undertake to review Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Account Termination Policy
While pornographic and adult-oriented Content is accepted, GayTube reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material or excessive length. GayTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to the Website or stop providing all or part of GayTube to you.
Copyrights and Other Intellectual Property
GayTube respects the intellectual property of others, and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
GayTube operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here http://www.gaytube.com/info_copyright_&_dmca. If you believe that any Content violates your copyright, please see our copyright policy http://www.gaytube.com/info_copyright_&_dmca for instructions on sending us a notice of copyright infringement.
As part of our copyright policy, GayTube will terminate user access to the Website if, under appropriate circumstances, a user has been determined to be a repeat infringer.
GayTube is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question. If the trademark owner is unable to reach a resolution with the user, it may send us a notice at legal@GayTube.com. GayTube is willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Website
When you use the Website, we may collect passive information about your visit. Passive information is any form of aggregate data, navigational data, tracking data, click-stream data, or historical data. It may include the domain name of your internet service provider (e.g., whether you logged on from aol.com or whitehouse.gov), referral data (e.g., the address of the last URL you visited prior to clicking through to GayTube) and browser and platform type (e.g., a Firefox browser on a Macintosh platform). We use this information to track how users are accessing and using GayTube.
In addition, when you use GayTube we may collect the IP Address of the computer you are using to access it. An IP, or “Internet Protocol”, address is a unique number associated with your computer that may be communicated to other computers and servers when you use the Internet. We use this information for purposes of security and anti-fraud protection.
These kinds of information do not, on their own, personally identify you. However, they can potentially be combined with information obtained from other sources in order to identify you. GayTube does not ordinarily seek or obtain personally identifying information about users from others. It does reserve the right to seek such information in the event of a violation of these Terms of Service, in the event of a dispute between GayTube and you, or if required by law to do so.
Collection and Use of Your Usage Information by Advertisers and Others
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Permitted Disclosures of Personal Information
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GayTube, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, 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 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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, GayTube, ITS SITE OPERATOR AND THEIR RESPECTICVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME 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 THE WEBSITE OR OUR SERVICES, (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 THE WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. GayTube DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, GayTube 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.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
To the fullest extent allowed by law, GayTube, its site operator, its parent corporation and their respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
YOU SPECIFICALLY ACKNOWLEDGE THAT GayTube SHALL NOT BE LIABLE FOR CONTENT 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 FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
These Terms and the relationship between you and us shall be governed by the laws of Cyprus, as an agreement wholly performed, negotiated and executed therein without regard to conflict of law rules. You agree that: (i) the Website shall be deemed solely based in Cyprus; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Your Comments and Concerns
This website is operated by MG Freesites II Ltd, Athalassas 178, Irene Tower, 3rd Floor, 2025 Nicosia, Cyprus.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy http://www.gaytube.com/info_copyright_&_dmca in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@GayTube.com.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GayTube without restriction.
You acknowledge that GayTube reserves the right to charge for GayTube services and to change its fees from time to time in its discretion. Furthermore, in the event GayTube terminates your rights to use the Website because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, GayTube’ representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We will not be not responsible for deleting your Content. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.
GayTube Privacy Notice
GayTube.com. ("GayTube") recognizes that its customers, visitors, users, and others who use www.GayTube.com or other web sites owned or operated by GayTube (the "GayTube Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the GayTube Sites. GayTube provides this Privacy Notice to help you make an informed decision about whether to use or continue using the GayTube Sites.
Please note that any video, image, or other content posted at the direction of Users onto the GayTube Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
User Provided Information: You provide certain personally identifiable information (such as your name, email and in some cases mailing address) to GayTube when choosing to participate in various activities on the GayTube Sites such as uploading videos, posting messages in our forums or in the photo/video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Cookies Information: When you visit the GayTube Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. GayTube uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the GayTube Sites may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the GayTube Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
If you submit personally identifiable information to us through the GayTube Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the GayTube Sites.
Any personal information or photo/video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the GayTube Sites and other Users can contact you through messages and comments. Any videos that you submit to the GayTube Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major GayTube Site changes or for customer service purposes).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the GayTube Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
Search engines regularly spider/crawl the internet as part of their function. GayTube is not excluded from this activity by these search tools, and as a result, and information you post to GayTube.com is available for indexing by these search engines. The simple version: Whatever you type onto GayTube.com can show up in a Google search result. GayTube.com takes no responsibility for the information you choose to post onto an unsecured GayTube.com page. The smartest thing you can do about this, if it concerns you, is to use different usernames than what you use on other websites. You do not want your work username to show up in a Google search pointing to GayTube.com... Do you?
We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the GayTube Sites.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. Please contact GayTube with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
GayTube does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks GayTube to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
GayTube uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to GayTube and you do so at your own risk. Once we receive your transmission of information, GayTube makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If GayTube learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. GayTube may post a notice on the GayTube Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
Protecting the privacy of young children is extremely important. For that reason, GayTube does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the GayTube Sites from persons under 18 years of age, and no part of our website is directed to persons under 18. If you are under 18 years of age, then please do not use or access the GayTube Sites at any time or in any manner. If GayTube learns that personally identifiable information of persons under 18 years of age has been collected on the GayTube Sites without verified parental consent, then GayTube will take the appropriate steps to delete this information and possibly terminate the account(s) associated with the information.
In the event that GayTube is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
When you visit GayTube.com, our servers automatically may record certain information that your web browser sends such as your web request, IP address, browser type, browser language, referring URL, platform type, domain names and the date and time of your request.
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the GayTube Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.