1 | | **Terms of Use** | 1 | | **Terms of Use** |
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3 | - | YouTube, LLC ("YouTube"). YouTube provides you access to the YouTube web site and the information and other materials | 3 | + | 1. Your Acceptance |
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6 | - | available on and through the Site, subject to your compliance with the terms and conditions set forth below ("Terms of Use"). Your | 6 | + | BY USING AND/OR VISITING THE YOUTUBE WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND |
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9 | - | access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing | 9 | + | CONDITIONS OF WEBSITE ACCESS (?TERMS OF SERVICE?) AND THE TERMS AND CONDITIONS OF YOUTUBE&aposS |
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12 | - | our Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT | 12 | + | PRIVACY POLICY, WHICH ARE PUBLISHED AT www.YouTube.com/privacy.php, AND WHICH ARE INCORPORATED HEREIN |
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15 | - | USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our | 15 | + | BY REFERENCE. If you do not agree to any of these terms, please do not use the website. |
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18 | - | Privacy Policy and constitutes a legally binding contract between you and YouTube. YouTube respects the privacy concerns of our | 18 | + | 2. YouTube Website |
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21 | - | website users and future viewers. For information concerning the collection and use of information by YouTube, please refer to | 21 | + | These Terms of Service apply to all users of the YouTube.com Website, including users who are also contributors of video content, |
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24 | - | our Privacy Policy. | 24 | + | information and other materials or services on the Website. The YouTube Website may contain links to third party websites that are |
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27 | - | **Registration** | 27 | + | not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies, |
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30 | - | You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site&aposs registration | 30 | + | or practices of any third party websites. In addition, YouTube will not and cannot censor or edit the content of any third-party site. By |
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33 | - | form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, | 33 | + | using the Website, you expressly relieve YouTube from any and all liability arising from your use of any third-party website. |
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36 | - | accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YouTube | 36 | + | Accordingly, we encourage you to be aware when you leave the YouTube Website, and to read the terms and conditions and privacy |
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39 | - | has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YouTube has the right to | 39 | + | policy of each other website that you visit. |
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42 | - | suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). | 42 | + | 3. Website Access |
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45 | - | You will create a password and account designation upon completing the Service&aposs registration process. You are responsible for | 45 | + | YouTube hereby grants you permission to use the Website, provided that: (i) your use of the Website as permitted is solely for your |
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48 | - | maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your | 48 | + | personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium without |
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51 | - | password or account. You agree to (a) immediately notify YouTube of any unauthorized use of your password or account or any | 51 | + | YouTube&aposs prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably |
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54 | - | other breach of security, and (b) ensure that you exit from your account at the end of each session. YouTube will not be | 54 | + | necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these |
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57 | - | responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement. | 57 | + | Terms of Service. |
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60 | - | **YouTube&aposs Intellectual Property Rights and Limited License** | 60 | + | 4. Copyright |
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63 | - | All text, graphics, multimedia content or other material that you see or read on this website and all related code (the "Materials") is | 63 | + | The content on the YouTube Website, including without limitation the text, software, graphics, photos, and videos (?Content?), is |
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66 | - | owned or being used with permission by YouTube, and may not be used except as provided in these Terms of Use. You may | 66 | + | owned by or licensed to YouTube, subject to copyright and other intellectual property rights under United States Copyright Act, |
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69 | - | download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact any | 69 | + | foreign laws, and international conventions. YouTube reserves all rights not expressly granted in and to the Website and the |
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72 | - | copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You may not modify, reuse, | 72 | + | Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the |
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75 | - | re-post, or use the Materials for public or commercial purposes, without YouTube&aposs written permission. Without limiting the | 75 | + | Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices |
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78 | - | forgoing, you agree not to use the Materials for any other use or purpose. You further agree that you will not, and will not attempt | 78 | + | contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or |
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81 | - | to, copy or distribute the Materials, in whole or in part, to any other party unless specifically permitted by YouTube or otherwise | 81 | + | commercial purpose. |
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84 | - | violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at YouTube&aposs discretion, | 84 | + | 5. Trademarks |
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87 | - | granted hereunder. | 87 | + | The materials and information on this website, including but not limited to all video, text, graphics, photographs, artwork, and the like |
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90 | - | **Copyright and Trademarks** | 90 | + | ("Content"), as well as the trademarks, service marks and logos contained in our Content, are the intellectual property of YouTube, it |
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93 | - | The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without | 93 | + | Owners/Operators, its affiliates, and/or its licensors, protected by the Copyright and Trademark Laws of the United States and other |
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96 | - | limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Site are | 96 | + | jurisdictions. Content is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, |
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99 | - | copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, YouTube owns a | 99 | + | distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the |
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102 | - | copyright in the selection, coordination, arrangement and enhancement of such Materials, as well as in the content original to | 102 | + | prior written consent of the respective owners. Nothing on the Website shall be construed as conferring any license under any of |
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105 | - | YouTube. Third-party content providers own the copyright in content that is original to them. "YouTube", the "YouTube logo", as | 105 | + | YouTube?s trademark or other intellectual property rights. |
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108 | - | well as other marks that may appear on the Site ("Marks"), are the service and trademarks of YouTube. All other trademarks, | 108 | + | 6. User Submissions |
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111 | - | service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their | 111 | + | The YouTube Website may now or in the future permit the publication of videos or other communications submitted by you and other |
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114 | - | respective owners. Without YouTube&aposs written permission, you agree not to display or use, in any manner, the Marks. In addition, | 114 | + | users ("User Submissions"). Any User Submission posted or sent to YouTube shall automatically be deemed non-confidential. By |
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117 | - | elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, | 117 | + | posting or sending a User Submission, you expressly grant YouTube a royalty-free, perpetual, irrevocable, non-exclusive, worldwide |
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120 | - | reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of YouTube. | 120 | + | license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User |
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123 | - | **Links and Other Sites** | 123 | + | Submission, and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, |
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126 | - | This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because | 126 | + | media or technology, whether now known or hereafter developed, including the unfettered right to sublicense such rights, in |
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129 | - | YouTube has no control over such sites and resources, you acknowledge and agree that YouTube has no responsibility for the | 129 | + | perpetuity throughout the universe. |
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132 | - | accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by | 132 | + | You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection |
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135 | - | YouTube of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. YouTube | 135 | + | with User Submissions, you affirm, represent and/or warrant that: (i) You own, or have the necessary licenses, rights, consents, and |
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138 | - | does not author, edit or monitor these pages or links. You further acknowledge and agree that YouTube is not responsible or | 138 | + | permissions to use and authorize YouTube to use, all patent, trademark, trade secret, copyright or other proprietary rights |
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141 | - | liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on | 141 | + | ("Intellectual Property") in and to any and all User Submissions in the manner contemplated by the Website and these Terms of |
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144 | - | any such content, goods or services available on these other sites or resources. | 144 | + | Service; and (ii) You have the written consent, release, and /or permission of each and every identifiable individual person in the |
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147 | - | YouTube hereby grants you a non-exclusive, limited licensee, revocable at YouTube&aposs discretion, for you to link to YouTube&aposs | 147 | + | User Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by |
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150 | - | home page from any site you own or control that is not commercially competitive to YouTube and does not criticize or otherwise | 150 | + | the Website and these Terms of Service. |
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153 | - | injure YouTube, so long as the site where the link resides, and all other locations to which such site links, comply with all | 153 | + | In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade |
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156 | - | applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property | 156 | + | secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such |
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159 | - | or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, | 159 | + | rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could |
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162 | - | defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an | 162 | + | damage YouTube or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, |
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165 | - | endorsement of such other site(s) by YouTube. All of YouTube&aposs rights and remedies are expressly reserved. | 165 | + | harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post |
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168 | - | Infringement Complaints - Digital Millennium Copyright Act Notice | 168 | + | advertisements or solicitations of business: (v) impersonate another person. YouTube does not endorse any User Submission or |
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171 | - | YouTube respects others&apos intellectual property rights and has made every effort to secure appropriate clearances for all proprietary | 171 | + | any opinion, recommendation or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with |
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174 | - | intellectual properties that YouTube directly makes available on the Site and we ask our users to do the same. YouTube may, in | 174 | + | User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, YouTube may |
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177 | - | appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If | 177 | + | investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission. You affirm |
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180 | - | you believe any material on the Site, either posted by YouTube, our users or any other party, is infringing, please contact YouTube | 180 | + | that you are either more than 18 years of age or, an emancipated minor or, possess legal parental or guardian consent, and are |
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183 | - | at the address below. Pursuant to the Digital Millennium Copyright Act, YouTube has a designated agent to receive copyright | 183 | + | competent to make this license and release on your own behalf. |
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186 | - | infringement claims. | 186 | + | You understand that when using the YouTube Website you will be exposed to User Submissions from a variety of sources, and that |
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189 | - | **User conduct and submissions** | 189 | + | YouTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User |
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192 | - | While we are looking forward to receiving your materials when we specifically ask for them, it is our company policy not to accept | 192 | + | Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, |
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195 | - | or consider content, information, ideas, suggestions or other materials ("Submitted Materials") other than those we have | 195 | + | offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you |
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198 | - | specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid | 198 | + | have or may have against YOUTUBE with respect thereto, and agree to indemnify and hold YOUTUBE, its Owners/Operators, |
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201 | - | any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you | 201 | + | affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. |
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204 | - | agree that any communication or Submitted Material you do transmit to us by electronic mail or otherwise will be treated as non- | 204 | + | 7. Warranty Disclaimer |
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207 | - | confidential and non-proprietary. YouTube does not claim ownership of any communication or material you submit or make | 207 | + | YOU AGREE THAT YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT |
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210 | - | available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the | 210 | + | PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, |
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213 | - | Site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted | 213 | + | EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO |
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216 | - | Material on the Site, you hereby irrevocably grant YouTube a worldwide, perpetual, royalty-free, fully paid, non-exclusive, | 216 | + | WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE?S CONTENT OR THE |
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219 | - | restriction free license to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly | 219 | + | CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, |
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222 | - | perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or | 222 | + | MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE |
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225 | - | any part thereof, in any medium now known or hereinafter known, in any language and by any means or manners now or | 225 | + | WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO |
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228 | - | hereafter developed. You also agree that YouTube may disclose any of same, or any part thereof, to any third party for any | 228 | + | OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION |
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231 | - | reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal | 231 | + | STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY |
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234 | - | process, or any law enforcement request, to enforce YouTube&aposs rights, to analyze or respond to third party claims or generally | 234 | + | BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY |
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237 | - | protect YouTube and its users. Furthermore, YouTube is free to use any ideas, concepts, know-how or techniques contained in | 237 | + | ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY |
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240 | - | any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or | 240 | + | KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE |
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243 | - | obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized YouTube signatory. | 243 | + | AVAILABLE VIA THE SERVICE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY |
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246 | - | The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion. YouTube | 246 | + | FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR |
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249 | - | has no obligations to post or otherwise make use of any Submitted Materials. | 249 | + | ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A |
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252 | - | You may not post, upload or transmit to the Site, or to the YouTube servers, any communications, text, graphics or other | 252 | + | PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS |
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255 | - | information or Materials that: (1) is unlawful, obscene, fraudulent, indecent or that defames, abuses, harasses, or threatens | 255 | + | OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY |
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258 | - | others, or is hateful, or racially, ethnically or otherwise objectionable; (2) contains any software viruses, Trojan horses, worms, | 258 | + | ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. |
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261 | - | bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer | 261 | + | 8. Limitation of Liability |
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264 | - | software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, | 264 | + | IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, |
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267 | - | or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the | 267 | + | INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) |
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270 | - | copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other | 270 | + | ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE |
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273 | - | right of any third party; (5) violates the privacy of inpiduals, including other users of the Site; or (6) violates any applicable local, | 273 | + | WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO |
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276 | - | state, national or international law. You agree not to use bots, spiders or intelligent agent software (or other methods) for any | 276 | + | OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION |
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279 | - | purpose other than accessing publicly posted portions of the Site and then only for the purposes consistent with the limited license | 279 | + | STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY |
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282 | - | hereunder and these Terms of Use. You agree not to, or attempt to, circumvent any access or use restrictions, data encryption or | 282 | + | BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY |
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285 | - | content protection related to the Site; not to data mine the Site and not to in any way cause harm to or burden the Site. You agree | 285 | + | ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY |
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288 | - | that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, | 288 | + | KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE |
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291 | - | without limitation, via e-mail or chat, without YouTube&aposs express prior written approval and, if then, solely in accordance with the | 291 | + | AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, |
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294 | - | terms and conditions imposed by YouTube with respect thereto. You further agree not to use the Site, or any element or portion | 294 | + | AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING |
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297 | - | thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. | 297 | + | LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE |
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300 | - | **Disclaimer of Warranties** | 300 | + | JURISDICTION. |
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303 | - | YOU EXPRESSLY UNDERSTAND AND AGREE THAT: | 303 | + | YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE |
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306 | - | YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS | 306 | + | DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE |
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308 | | | 308 | | |
309 | - | PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT | 309 | + | FROM THE FOREGOING RESTS ENTIRELY WITH YOU. |
310 | | | 310 | | |
311 | | | 311 | | |
312 | - | PERMISSIBLE BY APPLICABLE LAW, YOUTUBE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, | 312 | + | 9. Indemnity |
313 | | | 313 | | |
314 | | | 314 | | |
315 | - | INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | 315 | + | You agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from |
316 | | | 316 | | |
317 | | | 317 | | |
318 | - | PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE | 318 | + | and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to |
319 | | | 319 | | |
320 | | | 320 | | |
321 | - | AND ANY SITE-RELATED MATERIALS. | 321 | + | attorney&aposs fees) arising from: (i) your use of and access to the YouTube Website; (ii) your violation of any term of this Agreement; (iii) |
322 | | | 322 | | |
323 | | | 323 | | |
324 | - | IN ADDITION, YOUTUBE DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR | 324 | + | your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of |
325 | | | 325 | | |
326 | | | 326 | | |
327 | - | ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT | 327 | + | your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and |
328 | | | 328 | | |
329 | | | 329 | | |
330 | - | MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL | 330 | + | your use of the YouTube Website. |
331 | | | 331 | | |
332 | | | 332 | | |
333 | - | DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION | 333 | + | 10. Ability to Accept Terms of Service |
334 | | | 334 | | |
335 | | | 335 | | |
336 | - | AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF | 336 | + | You affirm that you are over the age of 13 and fully able and competent to enter into the terms, conditions, obligations, affirmations, |
337 | | | 337 | | |
338 | | | 338 | | |
339 | - | DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL YOUTUBE | 339 | + | representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. |
340 | | | 340 | | |
341 | | | 341 | | |
342 | - | BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY | 342 | + | 11. General |
343 | | | 343 | | |
344 | | | 344 | | |
345 | - | CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL | 345 | + | You agree that: (i) the YouTube Website shall be deemed solely based in California; and (ii) the YouTube Website shall be deemed a |
346 | | | 346 | | |
347 | | | 347 | | |
348 | - | POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE | 348 | + | passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than |
349 | | | 349 | | |
350 | | | 350 | | |
351 | - | OBJECTIONABLE, DO NOT USE THE SITE. | 351 | + | California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict |
352 | | | 352 | | |
353 | | | 353 | | |
354 | - | **Limitation of Liability** | 354 | + | of laws principles. Any claim or dispute between you and YouTube that arises in whole or in part from the YouTube Website shall be |
355 | | | 355 | | |
356 | | | 356 | | |
357 | - | YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YOUTUBE, ITS PARENT, | 357 | + | decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. This Agreement, together with the |
358 | | | 358 | | |
359 | | | 359 | | |
360 | - | AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, | 360 | + | Privacy Policy at http://www.YouTube.com/privacy.php and any other legal notices published by YouTube on the Website, shall |
361 | | | 361 | | |
362 | | | 362 | | |
363 | - | ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, | 363 | + | constitute the entire agreement between you and YouTube concerning the YouTube Website. If any provision of this Agreement is |
364 | | | 364 | | |
365 | | | 365 | | |
366 | - | AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER | 366 | + | deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining |
367 | | | 367 | | |
368 | | | 368 | | |
369 | - | PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR | 369 | + | provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a |
370 | | | 370 | | |
371 | | | 371 | | |
372 | - | OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR | 372 | + | further or continuing waiver of such term or any other term, and YouTube&aposs failure to assert any right or provision under this |
373 | | | 373 | | |
374 | | | 374 | | |
375 | - | OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO | 375 | + | Agreement shall not constitute a waiver of such right or provision. YouTube reserves the right to amend this Agreement at any time |
376 | | | 376 | | |
377 | | | 377 | | |
378 | - | USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS | 378 | + | and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the YouTube Website following |
379 | | | 379 | | |
380 | | | 380 | | |
381 | - | AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE | 381 | + | any amendment of this Agreement will signify your assent to and acceptance of its revised terms. |
382 | - | | | | |
383 | - | OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF | | | |
384 | - | | | | |
385 | - | THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR | | | |
386 | - | | | | |
387 | - | DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT | | | |
388 | - | | | | |
389 | - | THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN | | | |
390 | - | | | | |
391 | - | AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA | | | |
392 | - | | | | |
393 | - | CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE. | | | |
394 | - | | | | |
395 | - | **Indemnity** | | | |
396 | - | | | | |
397 | - | You irrevocably agree to indemnify and hold YouTube and the Released Parties harmless from any claim or demand, including | | | |
398 | - | | | | |
399 | - | reasonable attorneys&apos fees, made by any third party, arising out of or in connection with, the Submitted Materials you submit, post | | | |
400 | - | | | | |
401 | - | to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of | | | |
402 | - | | | | |
403 | - | any rights of another party. | | | |
404 | - | | | | |
405 | - | **Equipment** | | | |
406 | - | | | | |
407 | - | You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for | | | |
408 | - | | | | |
409 | - | access to and use of the Site, and you shall be responsible for all charges related thereto. | | | |
410 | - | | | | |
411 | - | A Special Note about Children, Children&aposs Privacy and Our Compliance with the Children&aposs Online Privacy Protection Act | | | |
412 | - | | | | |
413 | - | In compliance with the Children&aposs Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to | | | |
414 | - | | | | |
415 | - | collect any PII from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an | | | |
416 | - | | | | |
417 | - | audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. | | | |
418 | - | | | | |
419 | - | If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at | | | |
420 | - | | | | |
421 | - | privacy@YouTube.tv. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child&aposs | | | |
422 | - | | | | |
423 | - | PII, as well as refuse to permit the further collection or use of such PII. | | | |
424 | - | | | | |
425 | - | **Distribution limitations and territorial restrictions** | | | |
426 | - | | | | |
427 | - | The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country | | | |
428 | - | | | | |
429 | - | where such distribution or use would be contrary to law or regulation or which would subject YouTube to any registration | | | |
430 | - | | | | |
431 | - | requirement within such jurisdiction or country. This Site is controlled and operated by YouTube from its offices within the State of | | | |
432 | - | | | | |
433 | - | California, U.S.A. and YouTube makes no representation that materials in the Site are appropriate or available for use in other | | | |
434 | - | | | | |
435 | - | locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for | | | |
436 | - | | | | |
437 | - | compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of | | | |
438 | - | | | | |
439 | - | or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state | | | |
440 | - | | | | |
441 | - | other than the State of California by YouTube. | | | |
442 | - | | | | |
443 | - | Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this | | | |
444 | - | | | | |
445 | - | Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or | | | |
446 | - | | | | |
447 | - | any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department&aposs list of | | | |
448 | - | | | | |
449 | - | Specially Designated Nationals or the U.S. Commerce Department&aposs Table of Deny Orders. By downloading any software related | | | |
450 | - | | | | |
451 | - | to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such | | | |
452 | - | | | | |
453 | - | country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale | | | |
454 | - | | | | |
455 | - | of Goods. | | | |
456 | - | | | | |
457 | - | **Choice of law and forum selection** | | | |
458 | - | | | | |
459 | - | These Terms of Use and the relationship between you and YouTube shall be governed by, construed and enforced in accordance | | | |
460 | - | | | | |
461 | - | with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within | | | |
462 | - | | | | |
463 | - | California and without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by | | | |
464 | - | | | | |
465 | - | YouTube, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject | | | |
466 | - | | | | |
467 | - | only to the jurisdiction of either the state or federal courts located in the county of San Francisco, California. You and YouTube | | | |
468 | - | | | | |
469 | - | agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of San Francisco, | | | |
470 | - | | | | |
471 | - | California. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or | | | |
472 | - | | | | |
473 | - | related to YouTube or their site will be resolved inpidually, without resort to any form of class action. | | | |
474 | - | | | | |
475 | - | **Severability** | | | |
476 | - | | | | |
477 | - | If any provision of these Terms of Use or the Privacy Policy are found to be unlawful, void or for any reason unenforceable, then | | | |
478 | - | | | | |
479 | - | that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should | | | |
480 | - | | | | |
481 | - | endeavor to give the fullest possible effect to the parties&apos intentions as reflected in the provision and shall not affect the validity and | | | |
482 | - | | | | |
483 | - | enforceability of any remaining provisions. | | | |
484 | - | | | | |
485 | - | **Waiver** | | | |
486 | - | | | | |
487 | - | Any delay or failure on the part of YouTube to exercise or enforce any rights under these Terms of Use to which it may be entitled | | | |
488 | - | | | | |
489 | - | shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree | | | |
490 | - | | | | |
491 | - | that you waive any and all rights to injunctive or other equitable relief. | | | |
492 | - | | | | |
493 | - | **Statute of Limitations** | | | |
494 | - | | | | |
495 | - | You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the | | | |
496 | - | | | | |
497 | - | Site or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action | | | |
498 | - | | | | |
499 | - | arose or be forever barred. | | | |
500 | - | | | | |
501 | - | **Entire Agreement; Modification and Termination** | | | |
502 | - | | | | |
503 | - | YouTube reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and | | | |
504 | - | | | | |
505 | - | from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, | | | |
506 | - | | | | |
507 | - | including the cessation of all activities associated with the Site, with or without notice. You agree that YouTube shall not be liable | | | |
508 | - | | | | |
509 | - | to you or to any third party for any modification, suspension or discontinuance of the Site. | | | |
510 | - | | | | |
511 | - | YouTube may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if YouTube believes | | | |
512 | - | | | | |
513 | - | that you: (1) have breached these Terms of Use or otherwise acted inappropriately; (2) infringed the intellectual property right of a | | | |
514 | - | | | | |
515 | - | third party; (3) provided any information that YouTube is unable to verify or authenticate; (4) uploaded or transmitted unauthorized | | | |
516 | - | | | | |
517 | - | Submitted Materials to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that | | | |
518 | - | | | | |
519 | - | any termination of your access to the Site may be effected without prior notice to you. | | | |
520 | - | | | | |
521 | - | YouTube reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except | | | |
522 | - | | | | |
523 | - | in writing, as posted on this Site by YouTube. Any change or modification made by YouTube will be effective immediately upon | | | |
524 | - | | | | |
525 | - | posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made | | | |
526 | - | | | | |
527 | - | by YouTube. You should therefore periodically visit this page to review the most recent Terms of Use. | | | |
528 | - | | | | |
529 | - | **Effective Date** | | | |
530 | - | | | | |
531 | - | Last Revised: April 24, 2005 | | | |