Terms of Service
1.Introduction
Welcome to PocketTube (“Company”, “we”, “our”, “us”)! As you
have just clicked our Terms of Service, please pause, grab a
cup of coffee and carefully read the following pages. It will
take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern
your use of our web pages located at https://pockettube.io/
operated by PocketTube
Our Privacy Policy also governs your use of our Service and
explains how we collect, safeguard and disclose information
that results from your use of our web pages. Please read it
here
https://pockettube.io/privacy.html
Your agreement with us includes these Terms and our Privacy
Policy (“Agreements”). You acknowledge that you have read and
understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements,
then you may not use the Service, but please let us know by
emailing at
terms@pockettube.io
so we can try to find a solution. These Terms apply to all
visitors, users and others who wish to access or use
Service.
Thank you for being responsible.
2.Communications
By creating an Account on our Service, you agree to subscribe
to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving
any, or all, of these communications from us by following the
unsubscribe link or by emailing at.
3.Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
“Promotions”) made available through Service may be governed
by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms of Service, Promotion
rules will apply.
4.Subscriptions
Some parts of Service are billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a
recurring and periodic basis (“Billing Cycle”). Billing cycles
are set either on a monthly or annual basis, depending on the
type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you
cancel it or PocketTube cancels it. You may cancel your
Subscription renewal either through your online account
management page or by contacting PocketTube customer support
team.
A valid payment method, including credit card or PayPal, is
required to process the payment for your subscription. You
shall provide PocketTube with accurate and complete billing
information including full name, address, state, zip code,
telephone number, and a valid payment method information. By
submitting such payment information, you automatically
authorize PocketTube to charge all Subscription fees incurred
through your account to any such payment instruments.
Should automatic billing fail to occur for any reason,
PocketTube will issue an electronic invoice indicating that
you must proceed manually, within a certain deadline date,
with the full payment corresponding to the billing period as
indicated on the invoice.
5.Fee Changes
PocketTube, in its sole discretion and at any time, may modify
Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current
Billing Cycle.
PocketTube, Inc will provide you with a reasonable prior
notice of any change in Subscription fees to give you an
opportunity to terminate your Subscription before such change
becomes effective.
Your continued use of Service after Subscription fee change
comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
6.Refunds
Except when required by law, paid Subscription fees are
non-refundable.
7.Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics,
videos, or other material (“User Content”). You are
responsible for Content that you post on or through Service,
including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and
warrant that: (i) Content is yours (you own it) and/or you
have the right to use it and the right to grant us the rights
and license as provided in these Terms, and (ii) that the
posting of your Content on or through Service does not violate
the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. We reserve
the right to terminate the account of anyone found to be
infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are
responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any
third party posts on or through Service.
PocketTube has the right but not the obligation to monitor and
edit all User Content provided by users.
In addition, Content found on or through this Service are the
property of PocketTube or our licensors and is protected by
copyright, trademark, and other intellectual property rights
and laws. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole
or in part, for commercial purposes or for personal gain,
without express advance written permission from the owner of
Content.
8.Prohibited Uses
You may use Service only for lawful purposes and in accordance
with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or
international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain
letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a
Company employee, another user, or any other person or
entity.
(e) In any way that infringes upon the rights of others, or in
any way is illegal, threatening, fraudulent, or harmful, or in
connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
(f) To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as determined
by us, may harm or offend Company or users of Service or
expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other party’s
use of Service, including their ability to engage in real time
activities through Service.
(b) Use any robot, spider, or other automatic device, process,
or means to access Service for any purpose, including
monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose
without our prior written consent.
(d) Use any device, software, or routine that interferes with
the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs,
or other material which is malicious or technologically
harmful.
(f) Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database
connected to Service.
(g) Attack Service via a denial-of-service attack or a
distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company
rating.
(i) Otherwise attempt to interfere with the proper working of
Service.
9.Analytics
We may use third-party Service Providers to monitor and
analyze the use of our Service.
10.Google Analytics
Google Analytics is a web analytics service offered by Google
that tracks and reports website traffic. Google uses the data
collected to track and monitor the use of our Service. This
data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its
own advertising network.
For more information on the privacy practices of Google,
please visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for
safeguarding your data: https://support.google.com/.
11.Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for
analytics purposes by opting-out. To opt-out of Mixpanel
service, please visit this page:
https://mixpanel.com/optout/
For more information on what type of information Mixpanel
collects, please visit the Terms of Use page of Mixpanel:
https://mixpanel.com/terms/
12.No Use By Minors
Service is intended only for access and use by individuals at
least eighteen (18) years old. By accessing or using any of
Company, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right,
and capacity to enter into this agreement and abide by all of
the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the
access and usage of Service.
13.Intellectual Property
Service and its original content (excluding Content provided
by users), features and functionality are and will remain the
exclusive property of PocketTube, Inc and its licensors.
Service is protected by copyright, trademark, and other laws
of the United States and foreign countries. Our trademarks and
trade dress may not be used in connection with any product or
service without the prior written consent of PocketTube.
14.Copyright Policy
We respect the intellectual property rights of others. It is
our policy to respond to any claim that Content posted on
Service infringes on the copyright or other intellectual
property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one,
and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement, please submit
your claim via email to dmca@pockettube.io, with the subject
line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed
below, under “DMCA Notice and Procedure for Copyright
Infringement Claims”
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresentation or bad-faith claims on
the infringement of any Content found on and/or through
Service on your copyright.
15.DMCA Notice and Procedure for Copyright Infringement
Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
(a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright's
interest;
(b) a description of the copyrighted work that you claim has
been infringed, including the URL (i.e., web page address) of
the location where the copyrighted work exists or a copy of
the copyrighted work;
(c) identification of the URL or other specific location on
Service where the material that you claim is infringing is
located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
(f) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
You can contact our Copyright Agent via email at
dmca@pockettube.io
16.Error Reporting and Feedback
You may provide us directly at hello@pockettube.io with
information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters
related to our Service (“Feedback”). You acknowledge and agree
that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest
in or to the Feedback; (ii) Company may have development ideas
similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you
or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In
the event the transfer of the ownership to the Feedback is not
possible due to applicable mandatory laws, you grant Company
and its affiliates an exclusive, transferable, irrevocable,
free-of-charge, sub-licensable, unlimited and perpetual right
to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner
and for any purpose.
17.Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by PocketTube
PocketTube has no control over, and assumes no responsibility
for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings
of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT PocketTube SHALL NOT BE
RESPONSIBLE OR 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 ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR
SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT
YOU VISIT.
18.Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE
OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING,
NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS
OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19.Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR
AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION
ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM
THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE,
OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF
COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY
FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT
PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO
CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
20.Governing Law
These Terms shall be governed and construed in accordance with
the laws of Latvia without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service and supersede and
replace any prior agreements we might have had between us
regarding Service.
21.Changes To Service
We reserve the right to withdraw or amend our Service, and any
service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any
reason all or any part of Service is unavailable at any time
or for any period. From time to time, we may restrict access
to some parts of Service, or the entire Service, to users,
including registered users.
22.Amendments To Terms
We may amend Terms at any time by posting the amended terms on
this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting of
revised Terms means that you accept and agree to the changes.
You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, you are no longer
authorized to use Service.
23.Waiver And Severability
No waiver by Company of any term or condition set forth in
Terms shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition,
and any failure of Company to assert a right or provision
under Terms shall not constitute a waiver of such right or
provision.
If any provision of Terms is held by a court or other tribunal
of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and
effect.
24.Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND
AGREE TO BE BOUND BY THEM.
25.Contact Us
Please send your feedback, comments, requests for technical
support:By email:
terms@pockettube.io.
Last updated: November 20, 2021