Effective Date: 17 Jul 2022

1. YOUR ACCEPTANCE
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Queertube.net domain name, the “Queertube Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF Queertube’S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Queertube Website.

2. QUEERTUBE WEBSITE
These Terms of Service apply to all users of the Queertube Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Queertube Website may contain links to third-party websites that are not owned or controlled by Queertube. Queertube has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Queertube will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Queertube from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Queertube Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. PRIVACY POLICY
For information about what data we collect about you, where we store them and how we are processing them, see our privacy policy.

4. WEBSITE ACCESS

1. Queertube hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: you are at least 18 years of age; the Website as permitted is solely for your personal, noncommercial use; you will not copy or distribute any part of the Website in any medium without Queertube’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and you will otherwise comply with the terms and conditions of these Terms of Service.


2. In order to access some features of the Website, you will have to create an account. You may never use another person’s account without express written permission from the account holder. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Queertube immediately of any breach of security or unauthorized use of your account. Although Queertube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Queertube or others due to such unauthorized use.


3. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Website in a manner that sends more request messages to the Queertube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Queertube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Queertube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

5. MEMBERSHIP
When you sign up up as a QueerTube User, you will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify QueerTube of any unauthorized use of your password or account or any other breach of security!

6. MEMBERSHIP TERMINATION
You agree that QueerTube may immediately terminate your QueerTube account, any associated email address and access to the Service under any circumstances and without notice. Reasons for such termination include, but are not limited to, (a) breach or violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental authorities, (c) your request (self-initiated account removal), (d) interruption or material modification of the Service (or any portion thereof), (e) unexpected technical problems or difficulties, and (f) extended periods of inactivity. Termination of your account on QueerTube includes (a) removal of access to all offerings on the Service, including, without limitation, registration on the Site, (b) removal of your password and all related information, files and content associated with or within your account (or any portion thereof), and (c) prohibition from further use of the Service. You further agree that any termination for cause will be made in QueerTube’s sole discretion and that QueerTube shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

7. MEMBERSHIP CONDUCT
QueerTube makes no warranty as to the accuracy or compliance of any user submission. If you find material that you believe violates your intellectual property rights, contains images of underage persons, or is otherwise illegal, you agree to notify QueerTube. We will make every effort to remove illegal material promptly upon notification. We are not able to verify every submission for intellectual property rights infringement nor is it possible to verify the claims of age of every user, although we do require contributors to affirm they are at least eighteen (18) years of age at the time the image was taken and that the user has the intellectual property rights to their submission that allows them to publish the submissions.

7b. Prohibited Content

QueerTube has zero tolerance for any illegal pornography, which includes and is not exclusively limited to:

• a) Materials involving minors – This includes any material depicting anyone objectively appearing as a minor.
• b) Rape scenes, including simulated rape scene.
• c) Non-consentual content
• d) Scat
• e) Bestiality – This includes sex with animals.
• f) Abuse

8. USER SUBMITTED & GENERATED CONTENT
QueerTube.net permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, QueerTube.net does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:

1. You own or retain the necessary licenses, rights, consents, and permissions to use and authorize QueerTube.net to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and


2. You will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.


3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to QueerTube.net , you hereby grant QueerTube.net a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the QueerTube.net Website and QueerTube.net’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the QueerTube.net Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the QueerTube.net Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the QueerTube.net Website.

In submitting material (video or other communication), you further agree that you shall not:

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant QueerTube.net all of the license rights granted herein;


2. publish falsehoods or misrepresentations that could damage QueerTube.net or any third party;


3. submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;


4. post advertisements or solicitations of business;


5. Impersonate another person. QueerTube.net does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and QueerTube expressly disclaims any and all liability in connection with User Submissions. QueerTube.net does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and QueerTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.


6. QueerTube.net reserves the right to remove Content and User Submissions without prior notice or delay. QueerTube.net will also terminate a User’s access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, QueerTube.net also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length.QueerTube.net may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using QueerTube.net, you will be exposed to User Submissions from a variety of sources, and that QueerTube.net is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 QueerTube.net with respect thereto, and agree to indemnify and hold QueerTube.net, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website. You agree that QueerTube.net may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other QueerTube.net network or services at any time, for any reason, or for no reason at all, with or without notice. QueerTube.net provides its website as a service to its users. However, QueerTube.net assumes no responsibility whatsoever for monitoring the QueerTube.net Services for inappropriate content or conduct. If at any time QueerTube.net chooses, in its sole discretion, to monitor the QueerTube.net Services, however, QueerTube.net assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. QueerTube.net may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website. You further understand, acknowledge, agree and specifically authorize QueerTube.net to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by QueerTube or on any website with whom QueerTube.net has an agreement with respect to User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include any sponsored or otherwise branded uploaded videos. QueerTube.net reserves the right to determine as its discretion on what basis would a User submissions or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).

9. LIMITATION OF WARRANTY
You expressly acknowledge and agree that QueerTube 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 QueerTube has been advised of the possibility of such damages) arising out of: (i) the use of or inability to use the Service; (ii) the cost of procuring replacement goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.