Terms of Service
By using and/or visiting this website, you signify your Acceptance and agreement to these "Terms of Service", and Megebe's privacy notice (Available at http://www.megebe.com/privacy ).
If you do not agree to any of these terms, or the Megebe privacy notice, please do not use the Megebe Website.
* It is your responsibility to periodically review the most up-to-date Terms of service version at http://www.megebe.com/terms Megebe may, in its sole discretion, modify or revise these Terms of Service and policies at any time without any prior notice, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
* These Terms of Service apply to all users of the Megebe Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Megebe Website includes all aspects of Megebe, including but not limited to all products, software and services offered via the website.
The Megebe Website may contain links to third party websites that are not owned or controlled by Megebe. Megebe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Megebe will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Megebe from any and all liability arising from your use of any third-party website.
* Accordingly, we encourage you to be aware when you leave the Megebe Website and to read the terms and conditions and privacy policy of each other website that you visit.
*Megebe account is required to access some features of the Website. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Megebe immediately of any breach of security or unauthorized use of your account.
* Although Megebe will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Megebe or others due to such unauthorized use.
* Megebe hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions, without Megebe's prior written authorization.
B. You agree not to alter or modify any part of the Website.
D. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
E. Megebe reserves the right to discontinue any aspect of the Megebe Website at any time.
* You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Megebe Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Megebe on the Megebe Website for that User Submission.
* User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Megebe Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the megebe Website or otherwise as prohibited under this Agreement.
* You may access Megebe Content, User Submissions and other content only as permitted under this Agreement. Megebe reserves all rights not expressly granted in and to the Megebe Content and the Megebe Website.
* You understand that when using the Megebe Website, you will be exposed to User Submissions from a variety of sources, and that Megebe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Megebe with respect thereto, and agree to indemnify and hold Megebe, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
* As a Megebe account holder you may upload video content, Picture content ( User Picture) and textual content (“User Posts“ & "User Comments"). User Videos, , User Pictures, User Posts and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Megebe does not guarantee any confidentiality with respect to any User Submissions.
* You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Megebe to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
* For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Megebe, you hereby grant Megebe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Megebe Website and Megebe's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Megebe Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Megebe Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Megebe Website. You understand and agree, however, that Megebe may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
* In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Megebe all of the license rights granted herein.
* You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Megebe privacy policy (available at http://www.megebe.com/privacy, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
* Megebe does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Megebe expressly disclaims any and all liability in connection with User Submissions. Megebe does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Megebe will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Megebe reserves the right to remove Content and User Submissions without prior notice.
YOU AGREE THAT YOUR USE OF THE MEGEBE WEBSITE SHALL BE AT YOUR SOLE RISK.
IN NO EVENT SHALL MEGEBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MEGEBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
* The Website is controlled and offered by Megebe from its facilities in the United States of America. Megebe makes no representations that the Megebe Website is appropriate or available for use in other locations. Those who access or use the Megebe Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
* You agree to defend, indemnify and hold harmless Megebe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Megebe Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Megebe Website.
* You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Megebe Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Megebe Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
* Report any abuse or copy right violation to abuse@megebe.com
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