Terms and Conditions
These Terms & Conditions ("TOS") constitute a
binding agreement between you and the owners and operators of
AllureTube.com ("AllureTube"), regarding your use of the AllureTube website
(the "Site"). Please read this Agreement carefully. By using the Site
you agree to be bound by the TOS and by the AllureTube
Privacy
Policy. If you do not agree to any provision of this Agreement, you
should not use the Site or the Service.
The TOS may be revised from time to time without notice to you other
than appearing on the Site. The TOS will indicate when they were last
revised. It is your responsibility to regularly check the Site and to
review the TOS. Your continued use of the Site constitutes your
agreement to all revisions to the TOS.
By accessing the Site you represent and warrant that you are at least
21 years old, that you have reached the legal age determined by the
governing law of your country to view sexually explicit material, that
you are accessing the Site from an a location where the content of the
Site is legal and permitted, and that you will not permit any other
person access to the Site who is not allowed to do so. Access to
materials appearing on this Site from jurisdictions where its contents
are illegal is prohibited.
Provision and Modification of
the Site
You may, in accordance with this Agreement, view
the content on the Site and, to the extent permitted by AllureTube,
download content or portions of content on the Site, to a single
personal computer or other storage device. You may not otherwise copy,
distribute, or perform the content of the Site, or create derivative
works using that content.
You understand and agree that the Site is provided to you on an AS IS
and AS AVAILABLE basis. AllureTube disclaims all responsibility and
liability for the availability, timeliness, security or reliability of
the Site or any feature or software included in the Site. AllureTube
disclaims all responsibility or liability for the acts or omissions of
third parties whose services, software, content, or advertising may be
utilized in connection or appear on the Site, and you agree that
AllureTube will not be liable for any such services, software, content, or
advertising.
AllureTube reserves the right at any time to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or
without notice. The Site may be subject to interruptions, caused by
AllureTube or others. You agree that AllureTube will not be liable for any
modification, suspension, interruption or discontinuance of the Site.
Conditions on Use of the Site
AllureTube grants you permission to access and use
the Site as set forth in these TOS, and in exchange you represent,
warrant and agree as follows:
- You will access and use the Site solely for your own personal
use;
- You will comply with all applicable laws and regulations in
using the Site and any content that appears on the Site;
- You will not use the Site in any illegal manner or for any
illegal purpose, in any other manner that could damage, disable,
overburden or impair the Site, or in any manner inconsistent with
these TOS;
- You will not employ any automated system or tool to use the Site
or obtain content or information from the Site;
- You will not defeat or interfere with any security feature of
the Site, or attempt to do so;
- You will not alter or modify any content or component of the
Site; and
- You will not reproduce, duplicate, copy, sell, trade, resell or
exploit, for any commercial purpose, any content or component of the
Site, or any use of or any access to the Site, without the prior
written permission of AllureTube.
Your Conduct and Use of the
Site
You are responsible for your own use of this
Site. You acknowledge that you are solely responsible for any audio,
video, music, text advertising, links, or other content that you post,
publish, upload, or display on the Site (collectively "User Content"),
and for the consequences of posting, publishing, uploading or displaying
any User Content.
You understand and agree that any User Content you submit to AllureTube
or post on the Site is intended to and generally will be made public,
and that once made public User Content cannot be made private again. You
consent to the public dissemination of all User Content you submit to
AllureTube or post using the Site.
You agree that you will not use Site to post, transmit, or share User
Content that you did not create or that you do not have permission to
post. You affirm that you own or have all intellectual property rights
(including without limitation copyright and trademark rights), licenses,
and permissions to the User Content you provide that are needed to use
and to authorize AllureTube to use that User Content in the manner
described in these TOS. By submitting or posting User Content, you
warrant that it does not infringe any intellectual property rights of
another person.
You understand it is generally illegal to record or publish any
sexually explicit video without the consent of all participants to the
recording and publication of such material. You also understand that it
may be illegal to publish any video or audio recording of another person
for a commercial purpose without their consent. By submitting or posting
User Content, you warrant that every person depicted in any sexually
explicit material contained in the User Content has consented to the
recording of that material and its publication in the manner
contemplated by these TOS. Merely displaying User Content on the Site
does not necessarily constitute using it for a commercial purpose.
Nonetheless, by submitting or posting User Content you also warrant that
you have obtained any and all permissions, releases, and consents
necessary to record, publish and display the User Content for a
commercial purpose.
You agree that you will not use the Site to post, transmit, or share
child pornography. The use of the Site to publish or transmit child
pornography will not be tolerated. If identified, it will be reported to
law enforcement authorities, and will result in termination of your
account. By submitting or posting any User Content containing sexually
explicit material, you warrant that you have determined, through
personal knowledge or the use of appropriate legal forms of
identification, that all persons depicted in any sexually explicit
material are at least 21 years of age, and have reached the legal age
determined by the governing law of your country to participate in the
recording and publication of sexually explicit material.
You agree that you will not use the Site to post, transmit, or share
User Content that is defamatory or invasive of the privacy of another
person, graphically violent, physically threatening, intended for any
illegal purpose, or otherwise illegal. By submitting or posting User
Content, you warrant that it is not defamatory or invasive of the
privacy of any other person, graphically violent, physically
threatening, or otherwise illegal.
You acknowledge that AllureTube does not promise that any User Content
you submit to it or post on the Site will be maintained by AllureTube. You
are solely responsible for creating backup copies of and replacing any
User Content you submit to AllureTube or post on the Site, at your own
cost and expense. You agree that AllureTube has no responsibility or
liability for the deletion of, or the failure to store or to transmit,
any User Content. AllureTube retains the right to create limits on use and
storage at its sole discretion, at any time, with or without notice.
By accessing or using the Site, you acknowledge and agree that
AllureTube is engaged in the transmission, storage, retrieval, hosting,
formatting or translation (or any combination thereof) of the User
Content that appears on the Site, without selection or alteration of the
User Content, and that all User Content on the Site is governed by
section 230(c) of Title 47 of the United States Code (47 U.S.C. §
230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States
Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the
Site
All content and components of the Site other
than User Content ("AllureTube Content"), including without limitation,
the software, text, photos, video and audio content, graphics,
interactive features and advertisements, and all trademarks, service
marks and logos contained on the Site, are owned by AllureTube, or are
licensed to AllureTube subject to copyrights or other intellectual
property rights held by others. AllureTube reserves all rights to the
AllureTube Content, User Content, and any other component or content of
the Site not expressly granted to you by these TOS.
AllureTube provides the materials on the Site for the personal,
non-commercial use of viewers, visitors, subscribers or potential
subscribers of the Site. You are granted a personal, non-exclusive,
nontransferable license to view, on a single computer only, the content
of the Site. AllureTube reserves the right to limit the amount of
materials viewed. Commercial use of any content located on the Site is
strictly prohibited. In addition, you may not: (i) modify any of the
materials found on the Site; (ii) copy, reproduce, publically display or
perform, distribute, or prepare derivative works from any of the content
made available on this Site; (iii) remove, modify or alter any
copyright, trademark, or other attribution or proprietary notice from
any of the materials found on the Site; or (iv) otherwise transfer any
material located in any area of this site to any other person or entity.
AllureTube reserves the right to terminate this license at any time if you
breach or violate any provision of these TOS, in which case you will be
obligated to immediately destroy any materials you have obtained from
this Site.
By submitting or posting User Content using the Site, you grant to
AllureTube an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license to: (1) use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and
distribute the User Content in or through any medium now known or
hereafter invented, for any purpose; (2) to prepare derivative works
using the User Content, or to incorporate it into other works, for any
purpose; and (3) to grant and authorize sublicenses of any or all of the
foregoing rights.
AllureTube does not assert any ownership over your User Content;
rather, as between AllureTube and you, subject to the rights granted to us
in these TOS, you retain full ownership of all of your User Content and
any intellectual property rights or other proprietary rights associated
with your User Content.
AllureTube may obtain and exercise intellectual property rights over
compilations, collective works, or derivative works that incorporate
User Content you have provided. In that case, the rights AllureTube
obtains will apply only to the compilation, collective work, or
derivative work; as between AllureTube and you, subject to the rights
granted to us in these TOS, you will retain full ownership of and rights
to your User Content.
When you post User Content to the Site, you also authorize AllureTube
to make such copies thereof as it deems necessary in order to facilitate
the posting, maintenance, and storage of the User Content on the Site.
Objectionable or Inappropriate
Content
By its very nature, the Site may include
offensive, harmful, inaccurate or otherwise offensive or objectionable
material. In some cases, the Site may include content that has been
mislabeled or is otherwise deceptive. Please use caution and common
sense and exercise proper judgment when using the Site. AllureTube does
not endorse, support, represent or guarantee the truthfulness, accuracy,
or reliability of any content appearing on the Site. You acknowledge
that any reliance on material appearing on the Site will be at your own
risk.
AllureTube may review any content appearing on the Site, and reserves
the right to refuse to distribute any such content, to remove any
content from the Site, or to edit such content, in it sole discretion.
However, you acknowledge and agree that AllureTube is not obligated to
remove any content from the Site, unless and until it is established
pursuant to the requirements of the law that the content is illegal.
If you find content appearing on the Site that you believe is illegal
or violates these TOS, you may inform AllureTube by
feedback form
AllureTube will review your message and the content to which you object (assuming it is still on the
Site). AllureTube may remove the content if, in AllureTube's judgment, it is
illegal or otherwise inappropriate. However, please understand that
deciding whether content is inappropriate is a judgment call, and that
AllureTube is not legally responsible for content that it does not
originate.
Neither is AllureTube legally responsible for keeping content that it
deems inappropriate off of the Site.
AllureTube reserves the right to access, read, preserve, and disclose
any information as it reasonably believes is necessary to do any of the
following: (1) satisfy any applicable law, regulation, legal process or
legitimate governmental request; (2) enforce these TOS, including
investigation of potential violations hereof; (3) detect, prevent, or
otherwise address fraud, security or technical issues; (4) respond to
user support requests; or (5) protect the rights, property or safety of
AllureTube, its users and the public. You agree that AllureTube will not be
liable for exercising or failing to exercise any of these rights.
Copyright
AllureTube respects the intellectual property
rights of others. We prohibit users from uploading, posting or otherwise
transmitting materials that violate the intellectual property rights of
others. When we receive notification of alleged copyright infringement
that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512,
the "DMCA"), we promptly remove or disable access to the allegedly
infringing material. We also terminate the accounts of repeat
infringers.
If you are a copyright owner or an agent thereof and you believe that
any content on the Site infringes your copyrights, you may submit a
notice by feedback form. Names and Trademarks
AllureTube, AllureTube.com, and other AllureTube logos and
product or service names are trademarks of AllureTube. All other
trademarks appearing on the Site are trademarks of their respective
owners and our reference to them does not imply or indicate any approval
or endorsement by their owners unless such approval or endorsement is
expressly made.
Sponsors, Advertisers and Third
Parties
The Site may contain links to sponsor,
advertiser, or other third party websites that are not owned or
controlled by AllureTube. Inclusion of, linking to, or permitting the use
or installation of any third party site, applications, software, content
or advertising does not imply approval or endorsement thereof by
AllureTube. AllureTube has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third parties.
By access or using the Site, you agree to release AllureTube from any and
all liability arising from your use of any third-party website, content,
service, or software accessed on or through the Site.
Your correspondence or dealings with, or participation in promotions
of, sponsors, advertisers, or other third parties found on or through
the Site, are solely between you and such third parties. You agree that
AllureTube shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any dealings with such sponsors,
third parties or advertisers, or as the result of their presence on the
Site.
Privacy
As a condition of using the Site, you agree to the
terms of the most recent version AllureTube
Privacy
Policy that exists at the time of your use. The Privacy Policy may
be revised from time to time without notice to you other than appearing
on the Site. The Privacy Policy will indicate when it was last revised.
It is your responsibility to regularly check the Site and to review the
Privacy Policy. Your continued use of the Site constitutes your
agreement to all revisions to the Privacy Policy.
Termination
AllureTube may, in its sole discretion, terminate your
access to the Site, delete any content or information that you have
posted on the Site, and/or prohibit you from using the Site, at any
time, with or without notice, and for any reason, including but not
limited to violation of these TOS.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AllureTube EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, AllureTube MAKES NO WARRANTY
THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SITE
WILL BE CORRECTED; OR (6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from
AllureTube, shall create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AllureTube
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF AllureTube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
IN PARTICULAR, AND WITHOUT LIMITATION, AllureTube WILL HAVE NO
LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR
OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF IT
RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS
VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE
OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE PROVIDED IN
THESE TOS.
UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL
CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF
THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO AllureTube OR
$100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF
LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE
RISKS BETWEEN YOU AND AllureTube. THAT ALLOCATION IS REFLECTED IN THE
DELIVERY OF FREE CONTENT TO YOU BY AllureTube, AND IS AN ESSENTIAL ELEMENT
OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE
LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
Indemnification
You agree to hold harmless and indemnify AllureTube, and
its subsidiaries, affiliates, officers, agents, and employees from and
against any third-party claim arising from or in any way related to your
use of the Site, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. AllureTube
will make reasonable efforts to provide you with written notice of any
such claim, suit or action, but the failure of AllureTube to provide such
notice will not relieve you of these obligations.
Severability
If any provision of these TOS is found invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of the TOS will remain in force.
Non-Waiver
The failure of AllureTube to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute
arising from or relating to these TOS or the provision or use of the
Service or the Site, will be governed by the laws of Canada and
Province of Ontario, without giving effect to conflict of laws
provisions.
Choice of Venue
Any claim, counterclaim, cause of action, lawsuit, or
proceeding brought by either of the parties against the other arising
out of or related to these TOS or the provision or use of the Site will
be submitted to the state or federal courts sitting in Toronto,
Ontario, and the parties agree that they are and will be subject to
the personal jurisdiction of those courts.
Limitation of Legal Actions
You agree that regardless of any law or regulation to
the contrary, any claim, counterclaim, cause of action, lawsuit, or
proceeding arising out of or related to these TOS or the provision or
use of the Site must be filed within thirty (30) days after such claim or
cause of action arose or be forever barred.
Entire Agreement
These TOS, together with the AllureTube Privacy Policy
and the AllureTube DMCA Page, constitute the entire agreement between you
and AllureTube and governs your use of the Site. You may be subject to
additional terms and conditions that may apply when you use or purchase
certain other services, such as affiliate services, third-party content
or third-party software. In order to determine what those obligations
may be, you understand and agree that it is your responsibility to
review any and all terms and conditions of usage and privacy policies
with respect to such service, content, or software.
Contacting AllureTube
If you have any questions or concerns about the
TOS or the Site, please use this feedback form.
These TOS were last revised on the 23rd of Oct 2017.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE
BOUND BY THEM.