Manx Tube

MANX TUBE – TERMS AND CONDITIONS OF USE – PLEASE READ

Introduction

Manx Tube is an innovative and original free video hosting website which enables users to access, view, upload and share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail) the size of each video is limited to 170 MB for bandwidth cost control reasons. Since the Manx Tube website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard.

Manx Tube attach great importance to the collective and collaborative nature of the website while respecting the individual rights of all, especially in relation to copyrighted-material. MANX TUBE ASKS THAT YOU CAREFULLY READ THIS DOCUMENT. If you have any questions, please contact: feedback@manxtube.com.

In the event of any material appearing on Manx Tube’s website being considered as “Inappropriate” you are requested to report this to Manx Tube by using the link appearing on the website screen. Manx Tube may also be notified by mail to the address below. Manx Tube, upon review, of any notification, may take appropriate action, including, where appropriate notifying authorities.

Your Agreement as to use of Manx Tube

1. Manx Tube may not be used by any party, in any capacity whatsoever, including, without limitation, suppliers and/or contributors of viewing content, except in accordance with these Terms and Conditions (“the Terms and Conditions”), which include the matters in the Introduction above. By using or attempting to use Manx Tube and/or accessing or visiting the Manx Tube website and/or using or attempting to use its equipment, computer software or other properties and/or facilities you thereby agree to each and every one of the Terms and Conditions. This agreement is referred to herein as “The Agreement” To the extent that any of the Terms and Conditions are unenforceable for any reason such Term or Condition shall be ignored and the remainder of the Terms and Conditions shall be severed therefrom and apply in their entirety. In the absence of your entering into the Agreement use of Manx Tube is expressly prohibited. No party lacking legal capacity in their country of residence or the use of Manx Tube may use Manx Tube. To the extent you are not an individual you warrant that in using or attempting to use Manx Tube and/or accessing or visiting the Manx Tube website and/or using or attempting to use its equipment, computer software or other properties and/or facilities you do so with full authority of the corporation, partnership, association or other entity for whom you do these acts to do them.

Your counterparty

2. The Agreement is made between you and Manx Tube, 4 St. Olaves Close, Ramsey, Isle of Man IM8 3HA, which is a registered trade name of Mr. R.D. Lister (021246B)

Variation of Agreement

3. The Agreement is subject to variation. In the event of your continued use of Manx Tube after Manx Tube have published amended Terms and Conditions on the Man Tube web-site, The Agreement will be subject to the amended Terms and Conditions and not any earlier published Terms and Conditions.

Having a Manx Tube Account

4. You may use Manx Tube subject to the Terms and Conditions. Certain areas of Manx Tube require you to open an account (“a Manx Tube Account”). If you wish to utilise these areas, you agree to supply in full and accurate form any information required by Manx Tube to set up a Manx Tube Account. You agree that you will be the only user of a Manx Tube Account registered in your name. You will maintain all information about your Manx Tube Account confidential and will inform Manx Tube forthwith in the event of either (a) another party using your Manx Tube Account; or (b) obtaining the password and/or any other confidential information about your Manx Tube Account. Manx Tube reserve the right to change Manx Tube Account details upon giving you reasonable notice. You agree that Manx Tube may communicate with you in respect of its services and other products via your Manx Tube Account. You may update the information you have provided to Manx Tube at any time.

Opening a Manx Tube Account will require you to provide some personal information, including your date of birth, a user ID, your e-mail address and a password, by using an online registration form. The Manx Tube website will also automatically collect your IP address. Manx Tube agrees to keep this information confidential, save as where it is necessary for the setting up of your Manx Tube Account to disclose it to servants or agents or independent contractors of Manx Tube, or where Manx Tube considers it necessary to use such information in response to legal proceedings involving Manx Tube or where due to infringement of these Terms and Conditions Manx Tube is obliged to report you to the authorities in respect of the submission of potentially illegal material. You agree to these particular disclosures of confidential information. You further agree that Manx Tube may monitor and record your use of the Manx Tube website for any purposes and may share any information obtained – save for the personal information submitted to establish your Manx Tube account - with third parties unless you advise Manx Tube in writing that you do not agree to this. The only personal information visible to other users while you use the Manx Tube site will be the account name unless you consent to the display of other personal information.

To the extent that the Manx Tube website offers you the option to include personal information, photographs and similar in relation to your Manx Tube Account for public display, you agree that these may be displayed on the Manx Tube website.

You agree that Manx Tube or other third-party advertisers may send you promotional material through the Manx Tube website or directly to your registered e-mail address. If you do not agree to this please indicate this by striking through this clause in black pen and returning the same to Manx Tube’s registered address above.

You agree that Manx Tube may use a cookie or automatic tracking procedure on the Manx Tube website – which you should be able to block using your own browser settings.

Any data obtained as above is maintained in the Isle of Man.

Permitted and Prohibited Use of Manx Tube

5. Under the Agreement Manx Tube agrees that you may use the Manx Tube website in accordance with these Terms and Conditions by accessing it free of charge for information and personal use only. Your rights are non-exclusive and may not be transferred to any other person. You are granted no other rights unless these are the subject of an express grant in writing by Manx Tube. Since other users have provided material subject to these Terms and Conditions you may only use their material as intended through the normal functionality of the Manx Tube website and/or for streaming (meaning the Internet digital transmission of an audiovisual work from a website to a viewing device for real-time viewing and not for recording, storage or re-transmission or permanent down-load).

You agree that you will comply with all laws and regulations in force in respect of any material you submit to Manx Tube for publication or putting out.

In consideration of this (save as above and subject to any restrictions appearing on the Manx Tube website) you agree not to do any act or omission which is not consistent with to the above or to do or assist others in doing or incite or encourage the doing of any of the following :-

5.1 Publish or otherwise put out on Manx Tube any copyright-protected material save where you hold appropriate authority from the owner of the copyright of such material;

5.2 Publish or otherwise put out on Manx Tube any offensive material, including material prohibited by law, and also any material depicting pornography, unlawful violence or other matters which may be deemed offensive by the proprietors of Manx Tube or any material whose publishing and/or putting out would be deemed contrary to public policy;

5.3 Publish or otherwise put out on Manx Tube any material which Manx Tube may have previously advised you may not be published or otherwise put out on Manx Tube, which prohibition shall be entirely in the discretion of Manx Tube;

5.4 Publish and/or distribute all or any of the parts of the Manx Tube website without Manx Tube’s express written consent, including the contributions of other Manx Tube users;

5.5 Change, modify or alter or enhance or decompile or otherwise exploit in different form any of the Manx Tube website or the technological components giving it its functionality;

5.6 Use Manx Tube other than for the purpose of viewing in real-time material published or put out on Manx Tube, and will not download, copy and/or distribute and/or reproduce, transmit or broadcast, sell, hire or licence any material published or otherwise put out on Manx Tube, without the express prior consent of Manx Tube save as otherwise permitted by these Terms and Conditions;

5.7 Take any steps to prejudicially effect the functionality of Manx Tube or any software employed in its services or any material published or put out on Manx Tube;

5.8 Remove any personal data from Manx Tube or use Manx Tube for the gathering of personal data;

5.9 Use Manx Tube in or for any business or commercial purpose nor for any other purpose than personal leisure use.

To the extent that you wish to do any acts not permitted as above involving the use of material contributed by another party, Manx Tube, without responsibility, asks that you contact the other party directly for their express consent. Manx Tube will provide a function that allows a user to embed a video or create a link to a third party website but to the extent this involves copyrighted material, you will need to obtain the copyright holder’s express advance consent.

Access to Manx Tube

6. Once your Manx Tube Account is set up you can access your account by entering the user ID and password supplied to you by Manx Tube.

Provision and Termination of Services

7. You agree that Manx Tube may change, vary, substitute and/or terminate its services under the Agreement at any time and without prior notice to you. Further, that either you or Manx Tube can determine the legal relationship arising under the Agreement at any time upon written notice, in which case no new rights or obligations under the Agreement shall arise, and all existing rights, claims or obligations shall remain. Manx Tube reserve the right, and you agree that Manx Tube may, remove all your submissions and terminate your account on any breach of this Agreement, and in particular on any breach of clause 5 above.

Your Submissions and Copyrighted Material

8. You agree, pursuant to 5.1 above, that in the event of you breaking that sub-clause, Manx Tube may terminate your use of services without prior warning to you, but shall have no obligation to do so.

9. You agree that you waive as against Manx Tube and its users any intellectual property rights held by you in respect of any material you submit to Manx Tube for publishing or putting out (such expression to include uploading onto the website), and agree that any material submitting by you to Manx Tube for publishing or putting it shall be deemed to be publically available without charge for personal use only. In particular and without limitation you agree that any content published or put out on Manx Tube by you may be viewed and transmitted on or through the Manx Tube website by other users, on and/or onto other electronic communication media or technology (including mobile phones) for the entire period in which your material is hosted on the Manx Tube website.

10. You agree that Manx Tube may reproduce and/or display your material and alter and/or adjust its format as Manx Tube see fit and that Manx Tube shall have an unlimited licence (in geographical and type of usage terms) to use any material you submit for publishing or putting out, free of any payment whatsoever to you, your assigns and successors-in-title, who shall be bound by these Terms and Conditions. Given that the nature of the Internet precludes Manx Tube from protecting any data transmitted by you from misappropriation or piracy Manx Tube shall not be liable for any claim by you in this respect and you should take all necessary steps to protect yourself in this regard.

Waiver of Rights against Manx Tube

11. You agree that you use and view Manx Tube entirely at your own risk and waive any legal or equitable claims against Manx Tube, its legal owners, staff, employees and independent contractors for any injury, physical or mental, that may arise from using or viewing Manx Tube and material published or put out on Manx Tube.

12. You undertake not to allow any minor or specially sensitive person to view any material published or put out on Manx Tube that might cause them physical or mental injury, including without limitation, any material including flash photography or strobe lighting.

13. You recognise that in accordance with Internet practice and custom advertisements may be incorporated into the Manx Tube website. You waive and release Manx Tube from all and any liability arising out of the use of advertisements and links on the Manx Tube website and recognise that Manx Tube is not the agent of any principal providing the same.

Copyright Protection of the Manx Tube website

14. The Manx Tube website is the exclusive property of Manx Tube. You note and agree that all material and software (including text, names, designations, logos, pictures, photographs, colouring, button icons, features, calligraphy, functionalities, images, sound excepts or clips, and all other material composing the site (not to be read ejusdem generis) excluding your own submissions and the submissions of other users, on the Manx Tube website, and all design elements, are the intellectual property of Manx Tube and/or its agents and independent contractors and may not be used or reproduced by you without the express permission of Manx Tube or its agents and/or independent contractors as applicable.

Exclusion of Warranties and Implied Terms

15. This Agreement does not affect any statutory rights which cannot, under applicable law, be waived or altered.

16. All implied rights which may be implied by law or equity are excluded from the Agreement, and your rights shall be as expressly set out in the Terms and Conditions and/or statute.

17. Manx Tube makes no warranties to you as to the functionality or availability of the Manx Tube website at any given time, and shall have no liability, whether in negligence or otherwise, for failing to put right any defects within any particular period.

18. You undertake not to rely on and warrant that you have not relied on the correctness of any information published or put out by Manx Tube or subscribers thereto in entering into any legal relations, and agree that Manx Tube shall have no liability whatsoever arising out of any such possible reliance.

Limitation of Liability – IMPORTANT – PLEASE READ

19. Manx Tube shall not have any liability to you whatsoever save as in respect of such liabilities, where arising, which may not in law be excluded or limited. Manx Tube accepts an obligation to retain your connection and personal details confidentially, save as otherwise agreed herein.

20. Where Manx Tube’s liability cannot be excluded but can be limited Manx Tube’s liability is limited to the amount of any consideration paid by the User for Manx Tube’s services in a given calendar year and no greater sum may be recovered from Manx Tube.

21. Beyond this Manx Tube shall have no legal liability and in particular shall have no legal liability, even in the event of Manx Tube being negligent, for :-

21.1 indirect or consequential losses incurred by you including direct or indirect loss of profit or goodwill or business reputation or loss of data;

21.2 any loss or damage suffered by you in reliance upon any matter published or put-out on Manx Tube involving you contracting with or relying on the statements of a third party other than Manx Tube, it being agreed that Manx Tube is not the agent of any third party advertising on making submissions or publishing or putting out material on Manx Tube

21.3 any delay or disruption in or of Manx Tube’s service;

21.4 any use of your data or details or account, or any misappropriation or piracy of the same, unless arising through the actual fault or privity of Manx Tube.

22. You agree that Manx Tune is not aware and has not been made aware of any special circumstances or intentions of yours in relation to the use of Manx Tube and that Manx Tube will not be liable for any losses under the second limb of the case “Hadley v Baxendale”, without detracting from all other defences and limitations of Manx Tube set out above.

23. Without any detraction from the above, you agree that Manx Tube has no responsible to you to monitor material submitted to the Website and to the extent any liability in respect of copyright is incurred by you in respect of submissions to Manx Tube, Manx Tube shall have no liability to you whatsoever.

Law and Jurisdiction

24. You agree that the Agreement is subject to the law of the Isle of Man and you agree that you will bring any legal proceedings under it against Manx Tube solely in the courts of the Isle of Man.

Infringement of Copyright- To Any Party asserting infringement of copyright by Manx Tube

25. In the event that you consider any item published on Manx Tube infringes your copyright and you object to the same please send a notice in writing to Manx Tube at the registered address above advising Manx Tube of :-

            (a)        the title and URL of any video and any description serving to identify it;
(b)        your contact details and your consent that we may pass these on to the person submitting the material for quick resolution;
(c)        where and how your copyright is protected;
(d)        the way in which your copyright is infringed;
(e)        what you would like Manx Tube to do;

Please accompany the message with a declaration confirming the correctness of your objection in the following terms: “I confirm that the above objection is true in its entirety. SIGNED [YOUR NAME]”.

In the event that an objection is made without foundation Manx Tube reserves all rights against the party submitting it.

If you assert that Manx Tube is publishing or putting out a large volume of material that infringers your copyright please contact Manx Tube at the registered address above for the matter to be resolved and for the possibility of applying the use of a Program for Verification of Content to be used to protect your copyright more effectively.

Privacy Policy

26. Manx Tube protects your privacy and the confidentiality of any personal information supplied by you as above. Any data obtained by Manx Tube is kept securely and stored on the premises of the website host only as long as necessary for the purposes set out in these Terms and Conditions. No minor under 14 years of age is permitted to use Manx Tube and any registration achieved by such a minor shall be cancelled upon the written request of the minor’s parent or guardian to the address above.
You have the right to access all Data held by Manx Tube about you. Please apply in writing to the address in 2 above.

MANX TUBE TERMS AND CONDITIONS