Terms and Conditions
The Newstube.tv Site offers a service whereby people can upload content and footage for viewing by the general public and possibly for purchase by news organizations. In cases where a fee is charged, Newstube.tv will administer a twenty percent (20%) commission and transfer fee on each sale made to a purchasing party. Newstube.tv reserves the right to change the price at which uploaded footage is offered (upward or downward), which may be due to the quality of the footage or for any other reason. In all cases, a User will know and assent to the price at which his or her footage will be sold, prior to sale.
People who register for the Newstube.tv Service become Users. Users must be at least thirteen (13) years of age. Users under the age of 18 must possess legal parental or guardian consent. You may visit the site as a Visitor without becoming a User, but some of the Services on the Site will not be available to non-Users. Some features available to Users will include categories such as “Friends,” and “Groups.” Newstube.tv User profiles are accessible to all Visitors and Users. Therefore, anything you post on your Profile/Channel will be visible to others. You may however, chose to set your Playlist to Private. Your Playlist shows others what you have viewed on Newstube.tv.
When you register as a User of this Site (in order to upload or download content), you make a further commitment to adhere to these Terms and abide by them at all times during which you use the Site. During registration, you may select a Newstube.tv Username which will be associated with your Newstube.tv User account. This Username will become part of your log-in information. We reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or for other reasons.
SCOPE OF USE
Use of the Newstube.tv by a competitor organisation for commercial advantage is not permitted. Further, we grant permission to access Newstube.tv but not to download or copy any portion of its content for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any commercial use of Newstube.tv or its content, any derivative use of Newstube.tv or its contents, or any use of data mining, robots or similar data gathering or extraction tools or processes (such as “web scraping”). Further, except as explicitly provided in these Terms, you agree not to store in any form, distribute, transmit, frame, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of Newstube.tv for any commercial purpose.
No Sharing. Each purchasing individual or entity shall enter into an individual agreement to purchase the footage from the footage owner (including affiliates, networks and related stations of purchasers), unless special written permission is granted by Newstube.tv. Otherwise, a purchaser’s acquisition of his or her right to the footage shall not be construed as a further right to share or distribute (with or without compensation) to any other individual or entity.
You retain all of your ownership rights in the content you upload. However, by submitting content to Newstube.tv, you hereby grant Newstube.tv a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and Newstube.tv's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in the video content that you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Newstube.tv 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 own the information you provide Newstube.tv under this Agreement, and may change, edit or delete it at any time. Although it is a breach of the Terms to use screen captures to capture footage uploaded by other Users of the Site, you must be aware of the possibility of such behavior by others and you understand that Newstube.tv shall not be held liable for any such conduct by other Users or Visitors to the Site. All Users hereby warrant that they will not engage in the foregoing conduct. You may report abuse of these terms by contacting us at: firstname.lastname@example.org. You further understand that if you share information or content with others, and they have not deleted it, or it was copied or stored by other Users, that you may not retrieve sole control over such content. Newstube.tv is not responsible for the actions of third parties or other Users relating to their use of any material you have publicly shared or uploaded on Newstube.tv.
Newstube.tv may permit the submission of videos, photos, footage or other communications by Users and may host, share and/or publish such User submissions. You shall be solely responsible for User submissions (e.g. to the extent they may infringe the rights of third parties or other Users) as well as any consequences of posting or publishing such submissions. This includes the possibility that Newstube.tv may feature material made publicly available by you on the Site.
Uploaded content may also be used by Newstube.tv, as the Site may from time to time determine, such as for advertising or other purposes, and for which the User waives any right to compensation. Nothing in this Section shall prevent a User from seeking or receiving compensation from third parties wishing to purchase User’s footage.
When you purchase content on the site that must be paid for, the content will be made accessible to you only after your payment has been transacted and approved. In some instances, Newtube.tv may enter into an installment payment contract with you. In this case, you will be responsible for making timely payments pursuant to the payment agreement between you and Newstube.tv. Newstube.tv reserves its rights at law and equity to recoup any payments not timely submitted by a buyer, inclusive of interest and/or penalty for non-payment.
WARRANTY FOR SUBMISSIONS
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Newstube.tv profile information accurate and updated.
INTERACTION WITH OTHER USERS
Newstube.tv is not responsible for your interactions with other Users. Newstube.tv may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Site or otherwise limit your use of the Site. Newstube.tv reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Newstube.tv determines, in its sole discretion, that doing so is necessary to enforce this Agreement. Users of the Site shall have the ability to rate and comment on any footage uploaded to the Site, and Newstube.tv will not be liable for the content of such commentaries. You may report abuse by contacting us at: email@example.com, and we will make reasonable efforts to investigate such reports.
THIRD PARTY CONTENT & CONDUCT
You acknowledge that we are not responsible for the behavior of Newstube.tv Users or for material contributed by Newstube.tv Users on the Site. In particular, Newstube.tv does not prescreen or monitor material contributed by Users, and thus accepts no responsibility for any content that may appear on the Site.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In all cases, you affirm that you are over the age of 18, as the Service is not intended for children under 18 who do not have parental consent. If you are under 18 years of age, you are not permitted to use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Newstube.tv without restriction.
AVAILABILITY OF SERVICES
Newstube.tv reserves the right to withdraw or modify one or more aspects of the Newstube.tv Site at any time and for any reason. There may be times when the Newstube.tv Site becomes unavailable, whether on an unscheduled basis because of technical problems or on an otherwise scheduled basis. Newstube.tv will not be responsible for any interruption of service or any disruption of a User or Visitor’s expectation of continued service. See the Section entitled “Disclaimer” for further information. For security or other reasons, we may require you to change your password or other information which facilitates access to the Newstube.tv Site.
MISUSE OF NEWSTUBE.TV
We reserve the right to suspend or terminate any User’s access to the Newstube.tv Site, or any part of it, and/or to remove material posted on the Newstube.tv Site, if the relevant User or material appears to us to be in breach of any provision of these Terms. Any person whose access has been suspended or terminated must not reregister for or re-access the Newstube.tv Site without our prior consent. Your account is subject to immediate termination without notice if you reregister without this consent. We also reserve the right to block IP addresses. You are responsible for everything which occurs on the Newstube.tv Site while your User account is logged on to the Newstube.tv Site. Therefore, it is important that you do not provide your password to others.
The Newstube.tv Site is intended to be used by its Users for the purposes referred to in these Terms. Accordingly, Users must not include terms that could be considered offensive in material posted on or transmitted through the Newstube.tv Site. You further agree not to use your access to the Newstube.tv Site, or information obtained from it, for the sending of unsolicited bulk email (spam), or to collect or harvest any personally identifiable information, including Newstube.tv Usernames, from the Newstube.tv Site, or use the communication systems provided by the Newstube.tv Site for any improper purpose (see Scope of Use, above). You shall not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof. You are responsible for ensuring that no material you post (such as your User submissions) or any activity or communication you make on the Newstube.tv Site will be capable of infringing the intellectual property or other rights of any person or entity. This includes the breach of any applicable law, whether criminal, tortious or otherwise, as well as any material appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading.
The content of the Newstube.tv Service, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein and all copyright subsisting therein, are owned by or licensed to Newstube.tv, and protected by international copyright and trademark laws and international conventions. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Newstube.tv and all related items.
DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any 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.
Newstube.tv's designated Copyright Agent to receive notifications of claimed infringement is [insert name, address, email and fax]. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Newstube.tv at: [insert contact into here]. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
-Your physical or electronic signature; -Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; -A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and -Your name, address, telephone number, and e-mail address, a statement that you consent to federal court jurisdiction, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Newstube.tv may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Newstube.tv's sole discretion.
REMOVAL OF MATERIAL/TERMINATION OF MEMBERSHIP
NEWSTUBE.TV IN NO WAY ENCOURAGES ANY PERSON OR ENTITY TO ENGAGE IN DANGEROUS CONDUCT OR BEHAVIOR WHILE ATTEMPTING TO CAPTURE FOOTAGE FOR THE SITE. IN PARTICULAR, NEWSTUBE.TV LIMITS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGE CAUSED BY ANY PERSON TO ANOTHER PERSON OR ENTITY, OR TO HIM OR HERSELF, IN ATTEMPTING TO CAPTURE FOOTAGE OR CONTENT FOR USE IN CONNECTION WITH THE NEWSTUBE.TV SITE OR SERVICE.
FURTHER, NEWSTUBE.TV DISCLAIMS ALL LIABILITY FOR ANY PERSON OR ENTITY’S BREACH OF THE LAW (SUCH AS INVASION OF PRIVACY) IN ATTEMPTING TO OBTAIN FOOTAGE FOR THE NEWSTUBE.TV SITE OR SERVICE. NEWSTUBE.TV SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY AS A RESULT OF THE BEHAVIOR OR CONDUCT OF ANY INDIVIDUAL OR ENTITY ATTEMPTING TO CAPTURE FOOTAGE FOR USE ON THE NEWSTUBE.TV SITE.
DO NOT RELY ON NEWSTUBE.TV, ANY INFORMATION CONTAINED THEREIN, OR ITS CONTINUATION AS A SERVICE PROVIDER. WE PROVIDE NEWSTUBE.TV AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NEWSTUBE.TV OR ANYTHING RELATED TO NEWSTUBE.TV, YOU MAY CLOSE YOUR NEWSTUBE.TV ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
NEWSTUBE.TV IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH NEWSTUBE.TV TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
NEWSTUBE.TV DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY USERS OF THE SITE. NEWSTUBE.TV DISCLAIMS ANY AND ALL LIABILITY FOR PERSONAL RELATIONSHIPS OR CONTACTS DEVELOPED THROUGH THE SITE, AND ANY ACTIVITY BETWEEN USERS OUTSIDE OF THE ONLINE FORUM PROVIDED BY NEWSTUBE.TV IS ENTIRELY OUTSIDE THE CONTROL OR RESPONSIBILITY OF NEWSTUBE.TV. NEWSTUBE.TV FURTHER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
NEWSTUBE.TV DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NEWSTUBE.TV DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NEWSTUBE.TV DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE NEWSTUBE.TV SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, NEWSTUBE.TV, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR SERVICES OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF FIFTY DOLLARS ($50). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEWSTUBE.TV AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR SUBMISSION OF ANY CONTENT THAT VIOLATES THIRD PARTY RIGHTS; (C) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS; AND (E) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH NEWSTUBE.TV.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
Newstube.tv’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Newstube.tv’s right to subsequently enforce such provision or any other provisions of these Terms.
NO INJUNCTIVE RELIEF
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Newstube.tv, exploitation of any advertising or other materials issued in connection therewith, or exploitation of Newstube.tv or any content or other material used or displayed through the Site.
You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding Newstube.tv’s Site and Services and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms.
ARBITRATION OF DISPUTES
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, APPLYING THE LAWS OF THE STATE OF [INSERT STATE OF INCORPORATION]. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN [INSERT CITY, STATE] AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR NEWSTUBE.TV MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR NEWSTUBE.TV PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. YOU AND NEWSTUBE.TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Users outside of the United States consent to having their personal data transferred to and processed in the United States. Your use of the Newstube.tv Site and Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin services or software.
You can contact us by emailing us at firstname.lastname@example.org