28 April 2005 07 August 2005

1
**Terms of Use**
1
**Terms of Use**
2
2
3
-
YouTube, LLC ("YouTube"). YouTube provides you access to the YouTube web site and the information and other materials
3
+
1. Your Acceptance 
4
4
5
5
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
7
7
8
8
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
10
10
11
11
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
13
13
14
14
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. 
16
16
17
17
18
-
Privacy Policy and constitutes a legally binding contract between you and YouTube. YouTube respects the privacy concerns of our
18
+
2. YouTube Website 
19
19
20
20
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,
22
22
23
23
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
25
25
26
26
27
-
**Registration** 
27
+
not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies,
28
28
29
29
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
31
31
32
32
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.
34
34
35
35
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
37
37
38
38
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. 
40
40
41
41
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 
43
43
44
44
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
46
46
47
47
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
49
49
50
50
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
52
52
53
53
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
55
55
56
56
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. 
58
58
59
59
60
-
**YouTube&aposs Intellectual Property Rights and Limited License** 
60
+
4. Copyright 
61
61
62
62
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
64
64
65
65
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,
67
67
68
68
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
70
70
71
71
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
73
73
74
74
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
76
76
77
77
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
79
79
80
80
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. 
82
82
83
83
84
-
violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at YouTube&aposs discretion,
84
+
5. Trademarks 
85
85
86
86
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
88
88
89
89
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
91
91
92
92
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
94
94
95
95
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,
97
97
98
98
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
100
100
101
101
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
103
103
104
104
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. 
106
106
107
107
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 
109
109
110
110
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
112
112
113
113
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
115
115
116
116
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
118
118
119
119
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
121
121
122
122
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,
124
124
125
125
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
127
127
128
128
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. 
130
130
131
131
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
133
133
134
134
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
136
136
137
137
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
139
139
140
140
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
142
142
143
143
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
145
145
146
146
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
148
148
149
149
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. 
151
151
152
152
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
154
154
155
155
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
157
157
158
158
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
160
160
161
161
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,
163
163
164
164
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
166
166
167
167
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
169
169
170
170
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
172
172
173
173
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
175
175
176
176
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
178
178
179
179
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
181
181
182
182
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. 
184
184
185
185
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
187
187
188
188
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
190
190
191
191
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,
193
193
194
194
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
196
196
197
197
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,
199
199
200
200
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. 
202
202
203
203
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 
205
205
206
206
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
208
208
209
209
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,
211
211
212
212
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
214
214
215
215
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
217
217
218
218
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,
220
220
221
221
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
223
223
224
224
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
226
226
227
227
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
229
229
230
230
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
232
232
233
233
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
235
235
236
236
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
238
238
239
239
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
241
241
242
242
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
244
244
245
245
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
247
247
248
248
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
250
250
251
251
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
253
253
254
254
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
256
256
257
257
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. 
259
259
260
260
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 
262
262
263
263
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,
265
265
266
266
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)
268
268
269
269
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
271
271
272
272
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
274
274
275
275
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
277
277
278
278
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
280
280
281
281
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
283
283
284
284
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
286
286
287
287
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
289
289
290
290
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,
292
292
293
293
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
295
295
296
296
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
298
298
299
299
300
-
**Disclaimer of Warranties** 
300
+
JURISDICTION. 
301
301
302
302
303
-
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
303
+
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
304
304
305
305
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
307
307
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

07 August 2005 21 October 2005

21 October 2005 28 October 2005

28 October 2005 26 September 2007

26 September 2007 20 March 2009

20 March 2009 18 June 2010

18 June 2010 09 January 2015

09 January 2015 07 May 2015

07 May 2015 02 June 2018

02 June 2018 04 January 2020

04 January 2020 21 November 2020

21 November 2020 20 March 2021

20 March 2021 27 November 2021

    Terms of Service

    1. 28 Apr 2005
    2. 07 Aug 2005
    3. 21 Oct 2005
    4. 28 Oct 2005
    5. 26 Sep 2007
    6. 20 Mar 2009
    7. 18 Jun 2010
    8. 09 Jan 2015
    9. 07 May 2015
    10. 02 Jun 2018
    11. 04 Jan 2020
    12. 21 Nov 2020
    13. 20 Mar 2021
    14. 27 Nov 2021

    Privacy Policy

    1. 28 Apr 2005
    2. 31 Oct 2005
    3. 20 Nov 2008
    4. 20 Mar 2009
    5. 17 Dec 2010
    6. 27 Jul 2012
    7. 28 Jun 2013
    8. 20 Dec 2013
    9. 31 Mar 2014
    10. 19 Dec 2014
    11. 03 Mar 2015
    12. 06 May 2015
    13. 05 Jun 2015
    14. 05 Jul 2015
    15. 20 Aug 2015
    16. 07 Jul 2016
    17. 29 Aug 2016
    18. 07 Mar 2017
    19. 08 Oct 2017
    20. 18 Dec 2017
    21. 01 Jun 2018
    22. 26 Jan 2019
    23. 26 Oct 2019
    24. 04 Apr 2020
    25. 04 Jul 2020
    26. 29 Aug 2020
    27. 03 Oct 2020
    28. 06 Feb 2021
    29. 03 Jul 2021