Term Of Use
These MyTownTube Service Terms and Conditions, together with any order form, constitute the entire agreement (the "Agreement") by and between MyTownTube and the organization accepting these terms by signature or by noting acceptance on the MyTownTube website ("Company").
The MyTownTube Service
The " MyTownTube Service" is an on-demand, hosted service described at http://www. MyTownTube.com that enables Company to upload Company's Video Content. "Content" means all content, data or information in any form (including the audio, video, digital recording, and performance) that is uploaded to the MyTownTube Service by Company or on Company's behalf.
Company agrees that Content you submit to the Service 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 MyTownTube all of the license rights granted herein.
Pornography or sexually explicit content is strictly prohibited on MyTownTube. Models wearing jewelry and/or other products must be modestly dressed.
Videos showing graphic or gratuitous violence, animal abuse, drug abuse, under-age drinking and smoking, or bomb making is strictly prohibited on MyTownTube.
MyTownTube encourages free speech and defends everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
Company further agrees that it will not use the MyTownTube Service in any illegal or unlawful manner or for any illegal or unlawful purpose or perform any act that interferes with or disrupts the MyTownTube Service.
MyTownTube reserves the right to review or screen Content on a regular basis for compliance with this Agreement or applicable law. MyTownTube maintains the right to remove any video in violation of these terms without prior notification or explanation to the video owner. Repeated violations may result in suspension of account.
MyTownTube agrees to (a) operate and make available to Company the MyTownTube Service in accordance with this Agreement; and (b) perform any other obligations expressly identified in this Agreement.
MyTownTube Account Packages: Services and Fees
A MyTownTube Account Package is a bundled set of services covering the storage, hosting and bandwidth used to present Company videos, in conjunction with tech and account support, web analytics software, and customization features. Companies must select one of the MyTownTube Account Packages in order to use the MyTownTube Service. MyTownTube Account Packages range in price from $27 to $97 per month (“Service Fee”). MyTownTube Account Package Service Fees are based on the level of bandwidth, server storage space, number of videos uploaded, and any future benefits to Company as part of the MyTownTube Service. All Service Fees quoted are in U.S. dollars (USD). Company will be billed monthly based on Company package level and for additional promotional services, if any, purchased during the month.
MyTownTube Account Packages pricing and features are viewable at http://www.MyTownTube.com/signup
By registering with MyTownTube, Company authorizes MyTownTube to charge Company's PayPal account or credit card in the amount of the Service Fee associated with the Account Package selected. MyTownTube retains the right, in its sole discretion, to increase, at any time, the Service Fee. Company must pay the Service Fee on a monthly basis. The Service Fee will be charged to Company’s PayPal account or credit card on the anniversary day of the month Company's account was activated.
Access to the Service
Access to Company's Account(s) shall be limited by use of username(s) and password(s) ("Credentials") selected by Company. Company is responsible for all activity occurring in Company's Account(s). Except where MyTownTube has actual notice of loss, theft or unauthorized use of Company's Credentials, MyTownTube shall have the right, without further inquiry, to rely on provision of Company's credentials as sufficient to authenticate Company's use of the MyTownTube Service.
The term ("Term") of this Agreement shall commence upon receipt of Company’s first Service Fee payment (Effective Date), and, unless earlier terminated in accordance with this Agreement, shall remain in effect for 1 year from the Effective Date (unless a different term is set forth in the order form), following which it shall automatically renew on each anniversary of the Effective Date unless either party hereto has provided notice to the other of non-renewal at least 60 days in advance of the end of the then-current Term.
Obligation to Pay
Company shall pay MyTownTube the fees set forth on any order form, exhibit, attachment or amendment to the Agreement in accordance with the payment terms set forth therein. Company shall be responsible for and shall pay any applicable sales, use or other taxes or duties, tariffs or the like applicable to the provision of the MyTownTube Service. If Company fails to pay fees invoiced by MyTownTube within 15 days following the payment due date, then in addition to any other rights MyTownTube may have, MyTownTube shall have the right to suspend delivery of all or a portion of the MyTownTube Service to Company, provided that MyTownTube has supplied Company prior notice and 5 days opportunity to cure.
Either party may terminate this Agreement: (a) if the other party is adjudicated bankrupt or otherwise seeks to avoid its performance obligations under applicable bankruptcy or insolvency laws, or (b) upon the occurrence of a material breach of this Agreement by the other party if such breach is not cured within 30 days after written notice identifying the matter constituting the material breach. In the event of a termination or expiration of this Agreement, all licenses granted under this Agreement shall terminate automatically. Upon an early termination of this Agreement for any reason (other than a termination resulting from a material, uncured breach of this Agreement by MyTownTube), all Service Fees to date, payable under this Agreement shall become immediately due and payable.
Failure to Pay: Should Company's credit card be inactive or otherwise unable to process the Service Fee due at the monthly anniversary date, MyTownTube.com will notify company by e-mail. Company will then have 5 business days to update Company's credit card information in the Billing Information profile. If at the end of 5 business days Company credit card is still inactive or unable to process the Service Fee due, MyTownTube reserves the right to remove Company's Content and all other information from our database and server and terminate Company access to and use of the web site and all other services, without any further notice to company.
By MyTownTube: Company agree that MyTownTube, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) Company may have with MyTownTube or use of the MyTownTube Service and remove and discard all or any part of Company's account or any Content uploaded by Company, at any time. MyTownTube may also in its sole discretion and at any time discontinue providing access to the MyTownTube Service.
Company agrees that any termination of Company access to the MyTownTube Service or any Account Package that Company may have or portion thereof may be effected without prior notice, and Company agrees that MyTownTube will not be liable to Company or any third–party for any such termination. MyTownTube does not permit copyright infringing activities on the MyTownTube Service and reserves the right to terminate access to the MyTownTube Service. Any suspected fraudulent, abusive, or illegal use of the MyTownTube Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MyTownTube may have at law or in equity.
By Company: Company may terminate this Agreement and Company's right to use the MyTownTube Service at any time and for any reason or no reason, by contacting MyTownTube customer support email support@MyTownTube.com.
Upon any such termination of Agreement by Company, Company will remain obligated to pay all outstanding Service Fees and charges relating to Company use of the MyTownTube Service before termination, including any outstanding Service Fees.
License to Use the MyTownTube Service. Subject to the terms and conditions of this Agreement, MyTownTube hereby grants Company a limited, revocable (as set forth herein), non-transferable, non-exclusive, worldwide license to use the MyTownTube Service. All rights not expressly granted to Company are reserved by MyTownTube and its licensors. Except as expressly permitted by MyTownTube or to the extent expressly authorized by the MyTownTube Service, Company shall not: (a) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the MyTownTube Service or any part thereof in any way; or (b) modify or make derivative works based upon the MyTownTube Service or reverse engineer, decompile or disassemble the MyTownTube Service.
License to Content. Subject to the terms and conditions of this Agreement, Company hereby grants MyTownTube a limited, revocable (as set forth herein), non-transferable (except as provided herein), non-exclusive, royalty-free, worldwide license to perform all such acts with respect to the Content as are necessary for MyTownTube to provide the MyTownTube Service in accordance with this Agreement and Company's selections made through the P/I. MyTownTube shall have the right hereunder to host, store, encode, reproduce and/or distribute the Content and take all other actions necessary in order to provide the MyTownTube Service in accordance with this Agreement. Unless Company elects to exclude embedding rights, this license includes the right to permit other websites to embed the Content, in which event MyTownTube shall have the sole right to receive and retain any payments made in connection with such embedded Content. The parties expressly agree that MyTownTube does not hereby take legal title to any Content supplied by Company.
License to Marks. Subject to the terms and conditions of this Agreement, MyTownTube grants Company, and Company grants MyTownTube, the limited, revocable, non-transferable (except as provided herein), non-exclusive, royalty-free, worldwide right to reproduce and display the other's logos, trademarks, trade names and other similar identifying material (the "Marks"). This Agreement does not convey any ownership interest in or to the other party's Marks, but only a limited license that is revocable as set forth in this Agreement. MyTownTube shall only reproduce and display Company Marks that Company uploads into the MyTownTube Service and in accordance with Company's selections made through the P/I.
Representations and Warranties
(a)The MyTownTube Service. MyTownTube represents and warrants that it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement.
(b)The Content. Company represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions with respect to the Content as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement; (ii) the Content and its use through the MyTownTube Service, as enabled by Company, directly or indirectly, does not, and shall not, infringe, violate or misappropriate any third party's rights; and (iii) it has paid, and it shall be solely responsible for paying, any fees attributable to any and all of the foregoing.
Company agrees to indemnify, defend and hold harmless MyTownTube and MyTownTube 's officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses (including reasonable attorney's fees and litigation expenses) (each a "Claim"), arising out of or related to any alleged or actual breach of any representation, warranty or covenant made by Company in this Agreement. MyTownTube agrees to indemnify, defend and hold harmless Company and Company's officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party Claims arising out of or related to any alleged or actual breach of any representation, warranty or covenant made by MyTownTube in this Agreement.
Except as expressly provided in this agreement, MyTownTube makes no representation or warranty of any kind to company, either express or implied, as to any matter including, without limitation, implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, suitability, course of dealing, usage of trade or otherwise. Except as expressly set forth herein, the MyTownTube service is provided on an "as is" basis only. No advice or information obtained by company from MyTownTube shall create any warranty not expressly stated in this agreement.
Limitations/Exclusions Of Liability
Under no circumstances shall either party be liable to the other for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages) arising from the performance or failure of performance of any provision of this agreement (including such damages incurred by third parties), such as, without limitation, loss of revenue or anticipated profits or lost business. Under no circumstances will either party be liable to the other for damages in excess of (a) $10,000 or (b) the total value of payments expressly identified in the Agreement, whichever of (a) and (b) is greater. Notwithstanding any of the foregoing in this entire section, the limitations set forth in this section shall not apply in the case of (i) breaches of section 3(a) of this agreement, (ii) damages resulting from intentional torts, (iii) amounts payable pursuant to "indemnification" or (iv) breaches of "confidentiality" as described in this agreement.
Each party agrees not to disclose the other party's Confidential Information without their prior written consent. "Confidential Information" includes, without limitation: (a) all intellectual property; (b) financial information (including pricing) and business information; and (c) any other information designated in writing as "Confidential". Confidential Information does not include (x) information that has become publicly known through no breach by Company or MyTownTube of these confidentiality obligations; (y) information that is independently and lawfully developed or obtained without access to Confidential Information, as evidenced in writing; or (z) information required to be disclosed by law.
MyTownTube shall have the right to identify Company as a customer and Company shall have the right to identify MyTownTube as the provider of the MyTownTube Service.
All notice required to be given under this Agreement must be given in writing and delivered either by hand, email, certified mail (return receipt requested, postage pre-paid) or nationally recognized overnight delivery service (all delivery charges pre-paid) and addressed, if to Company, to the contact identified in the order form completed by Company and, if to MyTownTube, to MyTownTube Inc., 106 S Pinepoint Dr., Spartanburg, SC 29302.
Digital Millennium 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")